Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of weapon of offence and T-shirt of accused - When no blood was found on the recovery of weapon of offence and T-shirt of accused, recovery of said materials is not relevant so as to connect the accused with crime - Conviction & sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments - No identification of said ornaments made before Magistrate as said ornaments were immediately identified by complainant - When ornaments were not opened before Magistrate for the purpose of identification then it cannot be said that prosecution proved its..........
Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments - Blood stains on ornaments were not mentioned in the recovery memo as recovery effected after 2-1/2 months from the date of incident, however, said ornaments were sent to FSL and blood stains were found upon them - It is beyond imagination that blood stains..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25(i)(a)(b) -- Murder - Criminal conspiracy - Circumstantial evidence - Last seen evidence - Since the time gap between the way deceased and A-1 were last seen together is small, it is on accused to explain the circumstances in which he parted the company of deceased - A-1 failed to discharge the onus and..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution proved charge of murder against the accused on basis of incriminating circumstances but failed to prove the motive - Conviction upheld...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Where evidence is purely circumstantial in nature, the circumstances from which conclusion of guilt is sought to be drawn must be fully established beyond any reasonable doubt and such circumstances must be consistent and must form complete chain for making the accused..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Appeal against conviction - Deceased was last seen alive in the company of accused - Even, there was no satisfactory explanation by the accused as to the death of deceased - Subsequent conduct of accused and recovery at the instance of accused duly proved on record -..........
Indian Penal Code, 1860, Section 302, 377 -- Murder - Unnatural offence - Circumstantial evidence - Last seen evidence - Deceased died due to incised wound on the neck and cutting of wind pipe and blood vessels - Medical evidence proved cause of death and also proved that some unnatural act being committed to deceased before his death - Deceased was last seen in the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen evidence - Accused were last seen together with deceased - It cannot connect accused with crime as possibility of meeting of other persons with deceased is not ruled out and this fact alone cannot be considered as an incriminating circumstance against accused persons...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - No independent witness associated at the time when disclosure statements were made by accused - Prosecution failed to prove that disclosure statements were made voluntary without any duress or coercion - Conviction cannot be based merely on..........
