Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 120B, 34 -- Extra-judicial confession - Murder - Criminal conspiracy - Confession made by accused was composite in nature, with regard to conspiracy hatched with assistance of co-accused to do away with deceased - Acquittal of co-accused giving him benefit of doubt in such situation assumed relevance -..........
Indian Penal Code, 1860, Section 302, 324, 149 -- Murder - Medical evidence and ocular evidence not corroborated each other - Once there is clear contradiction between medical and ocular evidence coupled with severe contradictions in oral evidence and clear laches in investigation, then benefit of doubt must be given to accused - Prosecution failed to prove its case -..........
Service -- Service benefits on account of acquittal in a criminal case on the ground of benefit of doubt - Employee not entitled to service benefits during intervening period of his conviction, as he was not fully exonerated, meaning thereby an honorable acquittal. (Kerala Service Rules, Part I, R.56)...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Prior enmity between parties due to election of Sarpanch - Incident occurred during winter evening - 17 accused allegedly assaulted complainant party - Identification of 17 accused persons would be extremely difficult, as it was dark - Only independent witness turned hostile and two eye witnesses not examined by..........
Service -- Departmental proceedings - Departmental proceedings can continue even if a delinquent officer is acquitted of criminal charges on ground of benefit of doubt...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Injury found in post mortem report of deceased completely consistent with ocular version of PWs, who stated that co-accused is the author of said injury - PWs consistently stated that none of present appellant had dealt any blow by any weapon and all that they did was to participate in the scuffle - No evidence on record..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused and his father firing at deceased `K' - It is difficult to say with certainty that shots which hit deceased `K' were fired by accused - Benefit of doubt must be given to accused - Accused not guilty of murder of deceased `K'...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Circumstantial evidence - Finger prints of accused on cello tape found in the house of deceased - Not proved, as print marks on it, not found to be matching with specimen of accused - Only one mark is matched which was missing in the Court - This circumstance is also not proved against accused - Moreover, in..........
Criminal trial -- Benefit of doubt - Can be granted even to a no, appealing accused...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 34 -- Identification simplicitor - Cannot form the basis or be taken as the fulcrum for the entire case of prosecution when none of the witnesses disclosed any features for identification which would lend some corroboration - Identification parade itself was held 25 days after the arrest - Chance meeting..........
