Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - No money transaction between accused and deceased proved on record as alleged by prosecution for proving the motive of crime - No tangible evidence placed by prosecution to prove that deceased was involved in the murder of brother of accused - Motive of crime not proved by prosecution...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of an axe from accused `K' - Blood group alleged to be found on the axe is inconclusive - Moreover, PW9 stated that two axes were shown to him, which were not blood stained - Such statement of witness transpires that investigation of the case was not fair, as such no reliance can be placed..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of motorcycle from accused `K' - Merely because tyre tread impressions at the spot matched with motorcycle of accused, it cannot be said to be incriminate circumstance against accused, as such a vehicle can easily be available in the market and same used by lacs of people in the country...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of driving license of deceased from accused `S' - Pocket diary recovered from pocket pant of body of deceased - Name of deceased was written on the first page of said diary - This circumstance shows that accused `S' did not take out copy of driving licence from the pocket of deceased with..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained clothes of accused - Prosecution failed to prove that blood group of deceased, matched with blood found on the clothes of accused - Circumstance of recovery of blood stained shirts from accused, thus, cannot be made basis to uphold conviction of accused...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Entire prosecution story revolves around statement of PW9 and PW18 - However, statement of these witnesses are not sterling worth - Last seen theory as purported by PW9 and PW18 is not convincing in the ordinary course of nature - Circumstances relied upon by prosecution do not..........
Indian Penal Code, 1860, Section 149 -- Common object - To demonstrate common object, there can never be direct evidence and it will have to be culled out from the entirety of facts and circumstances of case if there existed any common object and the very offence committed in persecution of common object...........
Indian Penal Code, 1860, Section 302, 149, 427, 447, 323 -- Murder - Trivial with regard to grazing of cattle - Appellants were grazing their cattle in fields of `P' - But they were not armed with weapons and had no common object to murder - Deceased assaulted with lathi and axe which are common objects kept by villagers - Nature of head injury on deceased confirms that..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object to murder cannot be inferred only on the basis that weapons carried by accused were dangerous...........
Indian Penal Code, 1860, Section 302, 326, 149 -- Murder - Unlawful assembly - Common object - Finding of commission of offence u/ss 326, 149 IPC can be recorded against members of an unlawful assembly even if it is established that offence u/s 302 IPC was committed by one member of such assembly...........
