Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Appeal against conviction - Murder - Admittedly, no valuable article or jewellery was missing from Well, where accused were staying with deceased - Even though human blood has been found but its blood group could not be determined - Witness of recovery memo not examined - Merely on evidence of last..........
Will -- Suspicious circumstances - Beneficiary not blood relative - Recital in Will that beneficiary is like his daughter and took care of him like her father - Signatures of testator on admitted documents matched with signatures on Will in terms of characteristics, alignment, line control and so on - One of attesting witness of Will deposed that he saw testator sign the..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Abduction and murder of mother by son - Circumstantial evidence - Deceased was lastly seen alive with accused - He himself admitted that he used to pester and get money from deceased for his wayward life - Various recoveries made on the basis of extra judicial confession of accused and blood stain found on all material..........
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape of 9 years old girl - Prosecutrix narrated entire incident of rape to her aunt and thereafter to her mother - Statement of prosecutrix recorded u/s 164 Cr.P.C duly corroborated by statements of PW2, PW3, PW4 - PW2 and PW4 noticed blood stains on clothes of..........
Indian Penal Code, 1860, Section 302, 120B, 34, 201, Evidence Act, 1872, Section 3 -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - Recovery of blood stained articles - Accused `R' and deceased were living together from the last 20 years in house where recoveries effected - Articles recovered blood stained which were sent to FSL -..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against conviction - Accused acquitted as chain of circumstances not proved against accused viz: (i) motive of crime not proved on record; (ii) last seen evidence also not proved against accused; (iii) mere fact that wrapper of gutka as purchased by accused was found near dead body of deceased cannot be taken as a..........
Evidence Act, 1872, Section 3 -- Weapon of offence - Can be connected to injuries caused by either opinion of doctor that injuries are possible by said weapon or by witness identifying weapon of offence from which injuries are caused or in case it is found to be stained with blood of injured/deceased...........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder - Robbery - Circumstantial evidence - Recovery of blood stained T-shirt of accused `A' at his instance - FSL report shows that T-shirt contained `B' blood group which matched to that of deceased - Mere no, association of public witness to recovery of T-shirt cannot be held to be fatal -..........
Indian Penal Code, 1860, Section 397, Evidence Act, 1872, Section 8 -- Offence u/s 397 IPC - Circumstantial evidence - Recovery of knife (weapon of offence) - Prosecution though proved recovery of knife from accused `A' but, failed to link the same with injury caused to deceased, as there is no witness who identified accused `A' using the knife - Even, knife was not found..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Accused was not last seen with deceased - FSL report does not support prosecution version that Goodari or pant of accused or salwar and underwear of deceased was recovered stained with semen and blood - More so, mother of deceased stated that..........
