Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Informant/PW1 stated that wife of deceased/PW3 disclosed to him on phone that accused killed her husband - PW3 in her deposition stated that accused woke her up in midnight and told her that he assaulted her husband with axe - Said..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Seizure of weapon - PW6 and I.O have not deposed that accused gave statement about place where he had hidden the weapon i.e axe and they have not deposed that axe was found from concealed place - They also did not depose that axe recovered was sealed while seizing the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Conduct of accused running from spot of incident - PW1 present along with PW3 and PW7 did not depose that after the incident, he saw accused running away from the spot - Neither PW3 nor PW7 did elaborate details about direction in which accused was possessing axe, what..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused inflicted seven injuries on deceased and PW3 who was sleeping in the same room had not heard any noise of deceased - Prosecution theory and evidence of wife of deceased/PW3 do not inspire confidence - Testimony of doctor that he cannot say weapon shown to him in Court was the same with which..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Complainant not a licensed money lender - Presumption u/s 139 of the Act not available - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Victim suffered some superficial injury of nail marks on her person - There has not been any attempt of penetration to slightest degree - No evidence on record that accused attempted to rape victim - No offence u/ss 376, 511 IPC is made out against accused - Accused acquitted u/ss 376, 511 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - Prosecution stated that deceased has illicit relationship with cousin sister of accused, which drived accused to commit murder of deceased - However all statements made by PWs including PW4 are hearsay evidence which are not admissible in evidence - No witness stated that they have direct..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a) -- Murder - Fire arm injury - Deceased was last seen in the company of co-accused - In absence of any evidence on record to show that deceased was also seen with accused `R' lastly by PW3 and PW12, prosecution has not proved its case beyond reasonable doubt against accused `R' - Accused `R' rightly..........
Indian Penal Code, 1860, Section 302 -- Murder - Cause of death - Doctor who conducted post mortem concluded that it was a case of hanging - Admittedly, there are no marks on body which suggest violence or struggle - Medical expert himself has not ruled out possibility of suicidal death - Trial Court and High Court erred in holding that prosecution has proved death of..........
Indian Penal Code, 1860, Section 447 -- Offence u/s 447 IPC - No evidence on record that accused with an intent to grab land of complainant unauthorizedly dispossessed him from suit property - Offence u/s 447 IPC not made out against accused - Accused acquitted...........
