Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder - Robbery - Circumstantial evidence - Motive - Watch of deceased recovered from accused `G' in the presence of PW9, who being brother-in-law of deceased gifted the same to deceased - No test identification parade of watch was required to be conducted, since watch recovered in presence of..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder - Robbery - Circumstantial evidence - Recovery of blood stained T-shirt of accused `A' at his instance - FSL report shows that T-shirt contained `B' blood group which matched to that of deceased - Mere no, association of public witness to recovery of T-shirt cannot be held to be fatal -..........
Indian Penal Code, 1860, Section 397, Evidence Act, 1872, Section 8 -- Offence u/s 397 IPC - Circumstantial evidence - Recovery of knife (weapon of offence) - Prosecution though proved recovery of knife from accused `A' but, failed to link the same with injury caused to deceased, as there is no witness who identified accused `A' using the knife - Even, knife was not found..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Cause of death was haemorrhagic shock consequent upon incised stab wound caused upon chest by single edged knife weapon - Injuries were ante mortem in nature - Even though single injury was inflicted but injury no.1 was sufficient to cause death in ordinary course of nature - It..........
Indian Penal Code, 1860, Section 406, 467 -- Misappropriation of funds of Club - Allegation that accused by projecting himself as President of club operated bank accounts of club for personal use and misappropriated the funds of club - However, evidence on record shows that accused was fully entitled to operate the bank account and action performed by accused regarding..........
Indian Penal Code, 1860, Section 456 -- Lurking house trespass - Presence of accused on the terrace of complainant house in the dead of night that too after locking of complainant with intention to indulge in illicit intercourse with wife of complainant is undoubtedly covered within the definition of lurking house trespass as provided u/s 451 IPC, as entry made by accused..........
Indian Penal Code, 1860, Section 342 -- Wrongful confinement - Main door of complainant's bedroom was locked from outside and he was forced to take alternate route through bathroom clearly covers the act of accused within the definition of wrongful confinement within the mischief of Ss.341, 342 IPC - Charge u/s 342 IPC held, rightly framed against accused...........
Indian Penal Code, 1860, Section 497 -- Adultery - Complainant did not pertinently allege that accused were actually indulging in sexual intercourse but then fact that they were seen by complainant on the terrace of his house at 3.30 am in a semi nude compromising position definitely gives rise to a strong suspicion that they must indulge in sexual intercourse - Preceding..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Mere fact that human semen was detected on the vaginal swab of deceased, said fact in itself is not sufficient to hold that offence in question was committed by accused...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Mere recovery of obscene book from accused during investigation, would not lead to inference that offence of rape and murder was committed by accused...........
