Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 4, 25 -- Murder - Circumstantial evidence - Accused convicted as chain of circumstances is so clear and established that it unerringly and clearly points towards guilt of accused as follows: (i) Deceased was last seen alive in the company of accused and thereafter his corpse was recovered; (ii) Recovery of..........
Criminal Procedure Code, 1973, Section 173 -- Final Report - Complaint - When final report shows that a definite complaint lead to an enquiry by vigilance and FIR is based on report of such enquiry, prosecution is bound to prove said complaint which lead to crime and prosecution is also bound to examine complainant who made the complaint - Report of enquiry also must be..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Offence u/ss 304-B, 498-A, 201 IPC - Accused acquitted viz. (i) Shoddy, casual, laconical and insensitive investigation conducted by police; (ii) diary of deceased though seized, had not been produced at trial; (iii) evidence of relative of deceased who had opined that dead body was not that of..........
Indian Penal Code, 1860, Section 302, 452, 148, 201, 34 -- Double murder case - Eye witnesses - Testimonies of each of six witnesses have been proved and corroborated by other - Although three witnesses were related to deceased but their presence was very natural and each explained good details of occurrence - Other three villagers who saw the incident seemed natural and..........
Indian Penal Code, 1860, Section 302, 419, 402, 201, 120B -- Murder - Motive - Accused not only murdered the deceased but also covered up the incident of murder to be that of suicide of accused no.1 - Motive of crime is to eliminate the deceased as he was a contender of one girl with whom accused no.1 was in love - Not only accused persons were fully aware of said fact but..........
Indian Penal Code, 1860, Section 302, 419, 402, 201, 120B -- Murder - Evidence on record shows culpability of accused to have conspired to the murder of deceased by first assaulting him with an iron reti in the leg and then set him ablaze alive by over powering in temple in the dead of light - Report was also made to police posing as if accused no.1 committed suicide -..........
Indian Penal Code, 1860, Section 326, 506, 149 -- Offence u/ss 326, 506, 149 IPC - Specific role assigned to each accused, which is corroborated by statements of injured and medical evidence - Case against accused is fully established as there is specificity of name, injury attributed to accused and weapon used in crime - Weapons of offence were got recovered by accused -..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Initially, accused did not confess about crime, but when PWs insisted her for about two hours, she confessed about crime - Said confession cannot be said to be voluntarily made by accused - Extra judicial confession not reliable...........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Evidence of children - Evidence of PW1, aged 8 years, brings home with sufficient clarity as to details, role and complicity of accused in the crime - PW1 identified accused as one amongst the four who had accosted him near the school - He also described at length the place and circumstances in which he and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of ganja without any authority or licence - Ownership of field where ganja is cultivated not a pre-requisite or an ingredient to prove the cultivation in as much as a person can cultivate a land belonging to others having no ownership on the land, can commit the crime by planting the..........
