Indian Penal Code, 1860, Section 302 -- Murder - Testimony of PW1 and PW4 - Glaring contradictions between testimony of PW1 and PW4 regarding type of material object used and role of A-2 and very foundation of case of prosecution stood shaken - Trial Court disbelieved the evidence of PW1, as nothing was stated in FIR regarding injuries sustained by him but she spoke about..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Allegation against sister-in-law of deceased and husband of sister-in-law - Dying declaration of deceased does not state that dowry was cause of death - Husband of deceased was completely exonerated in dying declaration and he was not charge sheeted and prosecuted - It was the husband who had taken..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 165 kg and 50 gms Poppy straw - Material contradictions between PWs with regard to recovery of contraband - Material witnesses not supported prosecution case and turned hostile - Story of prosecution with regard to recovery of contraband from truck is thus, doubtful - Accused acquitted...........
Evidence Act, 1872, Section 3 -- Evidence of eye witness - If testimony of an eye witness is otherwise found trustworthy and reliable, same cannot be disbelieved and rejected merely because certain insignificant, normal or natural contradictions have appeared into his testimony...........
Evidence Act, 1872, Section 3 -- Disclosure statement - Discrepancy in evidence of reaching the place of recovery - One witness stated that police team used a jeep and motor bike and other witness stated that it was either motorbike or by foot and one other witness stated that it was Gypsy - There are also contradictions with respect to the place of arrest followed by..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of firearm - Discrepancy on the mode of travelling to place from where recovery u/s 27 of Evidence Act was made along with witnesses - Contradictions were found with respect of place of arrest followed by disclosure statement - Ballistic report is inconclusive with respect to firearm..........
Indian Penal Code, 1860, Section 454, 354 -- Offence u/ss 454, 354 IPC - FIR lodged after delay of 25 hours that too without any explanation - Case seems to be counter blast of case lodged by accused against husband of complainant - Testimony of key witness did not support version of complainant and suffer from contradictions and inconsistencies - Prosecution failed to..........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Last seen theory - Evidence of last seen witnesses consists of contradictions and inconsistencies - Testimonies of PW6 and PW7 also differ on question of when did they reach police station to report - As regarding evidence of PW10, since entire attempt..........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Recovery of school bag - When bags were recovered beside dead bodies itself on the day of inquest by police, then how could a bag be recovered at the instance of disclosure statement of A-2 - Recovery is not free from contradictions and inconsistencies..........
Evidence Act, 1872, Section 3 -- Testimony of a witness - Cannot be discarded merely because of minor contradictions or omission...........
