Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Links in the chain of circumstances are necessary to be established for conviction resting upon circumstantial evidence - Prosecution has not been able to establish the missing link i.e. connecting the presence of the appellant at the time of the commission of the offense in the night - However, the motive has..........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Deceased was strangulated first and after life was extinguished, an attempt was made to camouflage death as one which arose out of burn injuries - Evidence of PWs 1 to 3 is quite consistent, cogent and firmly establishes not only demands for dowry but dowry related harassments that deceased was subjected to -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1A), 25(1B) -- Murder - Reliability of sole eye-witness - Conviction - Witnesses corroborate PW1 - Therefore, prosecution has been able to prove PW1 was an injured eye-witness to the incident - All evidence proved the offence - Conviction upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 332, 353 -- Framing of charges - Offence u/ss 307, 332, 353 IPC - Allegation that accused opened fire on police team when they attempted to stop accused and that accused subsequently also tried to run vehicle over police team - However, accused contended that there is no use of fire arm by..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Medical evidence - Allegation that accused after committing murder of deceased had thrown dead body on Railway Track - However, as per post mortem report, deceased suffered 14 ante mortem injuries - It is thus, evident that when body of deceased was crushed by running train, he was alive as all injuries..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Evidence of last seen witness PW2 is hearsay - Testimony of PW2 fails to advance the prosecution case as his statement is merely hearsay - Even, statement of PW4 also said to be hearsay so far as theory of last seen of deceased in the company of accused - Statement..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Recovery of T-shirt worn by accused at the time of incident - Person who handed over T-shirt allegedly worn by accused at the time of incident to investigating agency was not examined during trial - Recovery not proved...........
Indian Penal Code, 1860, Section 302, 364, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained stones and broken bottle of beer at the instance of accused - Recovery effected after a period of about one month from spot - So far as place from where dead body was recovered, same was already in the knowledge of police as dead body had already been..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Accused has undergone custody of more than 6 years and 9 months - However, accused with co-accused while on bail gave effect to present occurrence in which deceased lost his life - As regarding plea that applicant has not accused of causing..........
