Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Recovery of gold ornaments at the instance of A-1 - Test Identification Parade of properties recovered was not conducted in terms of R.35 of Criminal Rules of Practice which is mandatory - Even, I.O admits that though he claims to have taken signatures of accused and mediators on the..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PW2 who claims himself to be last seen witness went to his in-laws house when he got information that his mother/deceased was murdered there in night - He is thus, not a last seen witness who saw his mother in company of accused - PW2 did not see accused killing his mother - On..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained clothes of deceased - FSL report shows that only human blood was found on the clothes and same was inconclusive for blood grouping - Conviction of accused thus, cannot be based solely on basis of FSL report in absence of other connecting and corroborative evidence on record..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Place of occurrence - Site plan was prepared in the absence of independent witness - Place of occurrence was already known to police - Hence, there is no fact discovered in consequence of information given u/s 27 of Evidence Act and site plan thus, cannot be read..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - No evidence on record to show that accused was last seen with deceased - S.106 of Evidence Act is not applicable to facts of case - It cannot be said that accused failed to explain as to what happened after he was last seen together specially when there is no..........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 had not seen incident nor accused of having caused injury, nor was he present on the spot - PW2 mother of deceased stated that she reached the incident after an hour of incident - She stated that injury was caused to deceased as he fell down on the ground and his head hit the brick road - It was dark night and there was..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Injured witness not specifically named accused - However, mere fact that one of injured witnesses may not have mentioned the name of accused does not demolish the evidence of other eye witnesses, particularly when the presence of accused at the place of occurrence is proved by two eye witnesses - Accused..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Dead body of deceased was found to have a large number of gun shots, multiple shot wounds - Some bullets penetrated and exited the body - Injured also medically examined by doctor, who had found gunshot wounds, pellet injuries etc. - Injuries suffered by deceased were sufficient to cause death - Prosecution..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Murder - Accused was not a part of group of four assailants who had stormed into the hospital - Apart from slender thread of motive there was nothing against accused - Benefit of doubt thus, given to accused No.1, hence acquitted...........
Indian Penal Code, 1860, Section 302, 307, 120B -- Murder - Role played by four co-accused (A-28, A-19, A-4,5) showed in CCTV cameras which were stored in hard disk and reproduced as exhibits duly accompanied by requisite certificate u/s 65-B of Evidence Act - Some of images definitely showed that they were having firearms in their possession - Sequence of events..........
