Evidence Act, 1872, Section 106 -- In a case relating to circumstantial evidence if accused fails to offer a reasonable explanation in discharge of burden placed on him by S.106, that itself provides an additional link in the chain of circumstances proved against him...........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - When conviction is based on circumstantial evidence solely then there should not be any snap in the chain of circumstances - If there is a snap in the chain, accused is entitled to benefit of doubt...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Unnatural and homicidal death of deceased at her matrimonial home - Accused alone perpetrator of murder of deceased as he was present at the time of death of deceased - When presence of accused at the time of incident is proved on record, principle enshrined in S.106 of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence cannot be relied upon as there was long gap between last seen and murder - No strong evidence against accused `R' that he committed murder of deceased - Doctor who conducted post-mortem stated that alleged weapon of offence was not put to him and no information was sought from him..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Testimonies of PWs contradictory to each other as to time and from which place PW12 and accused had taken deceased with them - Prosecution has come up with two stories that on the one hand only PW12 and accused had taken deceased with them and only accused had killed him yet..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of various articles - Recovered articles were sent to FSL but only human blood was detected - No distinct blood group could be traced out - It is the duty of prosecution to establish the blood group of deceased and accused and to prove that recovered articles contain the blood group of..........
Indian Penal Code, 1860, Section 302, 379, 201, 411 -- Murder - Circumstantial evidence - Last seen theory - Difference between time when deceased was last seen and time when her body was discovered is too great as her body was discovered after a delay of four days - No evidence to show that place where deceased's body was eventually discovered is near about the place..........
Indian Penal Code, 1860, Section 302, 379, 201 -- Murder - Circumstantial evidence - Recovery of remaining part of rope which was used to tie up a gunny bag in which body of deceased was recovered - No evidence that recovery effected at the instance of accused `S' - There is no FSL report which establishes the fact that fibers of rope are similar in their texture, design..........
Indian Penal Code, 1860, Section 302, 379, 201, 411 -- Murder - Circumstantial evidence - Both the accused persons identified the room where allegedly deceased was killed - However, as no incriminating evidence was recovered from the said room, therefore mere identification of room is irrelevant - Moreover, since accused `S' already identified the said room, identification..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Death by strangulation - Allegation that accused committed murder of their friend by strangulation in the hotel room where they stayed as they were foreign nationals who visited India as tourists - Post mortem report of deceased shows that there is no symptoms of strangulation - Non recovery of..........
