Indian Penal Code, 1860, Section 302, 364, 34 -- Murder of 9 years old girl - Circumstantial evidence - Appeal against conviction - Accused acquitted as there is sufficient indication to doubt the prosecution story viz. : (i) dead body of deceased has not been physically identified as it was found in mutilated and decomposed state, but identification done is only based on..........
Criminal trial -- Circumstantial evidence - Even when there is only major or star circumstance which points out to culpability of accused, it is sufficient to convict, when no other plausible explanation is forthcoming suggesting innocence of accused...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Foundation of last seen theory is based on principles of probability and cause and connection - Where a fact has occurred with a series of acts, preceding or accompanying it, it can safely be presumed that fact was possible as a direct cause of preceding or accompanying acts,..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Deceased allegedly left the company of accused and co-accused at night - Body of deceased was found next morning - Prosecution failed to adduce any evidence with regard to distance between place of occurrence and residence of deceased where he was last seen in the company of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of recoveries is doubtful and hence not proved - Motive of crime also not proved, as it would not be safe to act upon belated and solitary assertion of PW3 to hold that motive behind commission of offence stands established - As regrading last seen theory, that itself cannot be a ground to..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Deceased and accused were last seen together before two days from the date of death of deceased - No effort was made to find the deceased till about two days had passed - Discrepancy is even found in the statement of last seen witnesses - There is not an iota of evidence from..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Prosecution miserably failed to prove the unity of time space and action to arrive at conclusion that immediately before murder, deceased and accused were seen together - Star witness of last seen evidence PW1 himself admitted that he was having grudge with accused before..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of mobile phone of deceased - Witnesses of recovery stated that they made to sign the papers of recovery of mobile phone by police but they were not given any details from where articles were recovered - Moreover, disclosure statement regarding said recovery not attested by independent..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained clothes of deceased - Prosecution made no attempt to prove on record the blood group of accused - Accused and deceased are cousins - It cannot be negated that clothes of accused may be having his own blood - Recovery of blood stained clothes not proved...........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Cause of death asphyxia due to strangulation - Circumstantial evidence - Accused convicted as (i) Deceased was wife of accused and they had strained relations; (ii) Accused was suffering from venereal disease which he suspected to be sexually transmitted through his wife; (iii) Deceased and accused were last seen..........
