Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - No evidence to demonstrate that accused had any prior relations with PW3 and therefore made confession to him - Accused denied making any such confession - Conviction cannot be made on such weak type of evidence - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Incriminating circumstances were not proved beyond reasonable doubt - They do not form a chain so complete from which it could be inferred with a degree of certainty that it is accused and no one else who within all human probability committed the crime - In such..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of child/eye witnesses - Eye witnesses immediately disclosed the incident to PW6 who was also present at the spot - There is no exaggeration in the statements of eye witnesses and they have stuck to their statements made during investigation in material particulars - Statement of child witnesses have been..........
Evidence Act, 1872, Section 6, Indian Penal Code, 1860, Section 302 -- Res gestae - Murder - Prosecution alleged that PW7 was first person who reached the spot - However, PW7 turned hostile before Court and stated that she was not there on the spot at the time of occurrence and when she reached there deceased had already died - Evidence of PW7 not reliable...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained weapon not proved - Motive of crime as alleged by prosecution also not proved - Blood stains found on the materials not matched by prosecution with blood sample of victim - Evidence of PW1 is hearsay evidence and on the basis of which conviction cannot be recorded - Prosecution failed to prove its..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred all of a sudden at the spur of moment - There was no intention of accused to kill deceased - Incident was not pre-planned - Deceased was being hit by lathis and dandas and accused had used excessive force - Accused is guilty of an offence u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Indian Penal Code, 1860, Section 376A, 302, 404 -- Rape and murder - Modification of sentence - Accused is 38 years old, having undergone 8 years of imprisonment and he has two minor children and a wife to look after and there is no other person in the family to look after three of them - However, considering diabolic and depraved manner in which accused took victim to a..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had tried to commit suicide herself along with two children by consuming poison - Case of accused not covered u/s 300 Exceptions IPC, particularly, when there was no consent from two children who were fed and died upon consuming pesticide administered by accused - Accused rightly convicted u/s..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Contradictions in two dying declarations with regard to presence of relatives - Magistrate did not specifically ask deceased about her condition in her Dying declaration recorded by him - Both the children of deceased were present at the time of incident but none..........
