Indian Penal Code, 1860, Section 302, 376, 201 -- Appeal against conviction - Rape - Murder - Extra judicial confession - It is settled that if the court believes the witness before whom confession is made and it is satisfied that confession was voluntary then in such a case conviction can be founded on such evidence alone - Appellant made extra judicial confession before..........
Penal Code, 1860, Section 302, 498A -- Appeal against acquittal - A case of circumstantial evidence - On reappreciation of the evidence the High Court has found it fit to acquit the respondent - Unless conclusion is drawn that the view taken by High Court is so unreasonable as to warrant interference - It will not be proper to interfere with the order of acquittal, only..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Conviction - Legality of - Allegation that accused caused death of wife by strangulation - Prosecution witnesses initially convinced that deceased died out of accidental fire and body buried without post mortem - Subsequent exhumation and post mortem after 8 days on suspicion that accused caused..........
Rape -- Appreciation of Evidence - Principle of falsus in Uno and falsus in Omnibus - If there is some exaggeration on the part of prosecutrix her entire statement cannot discarded specially when it is fully corroborated not only by the statement of natural and inimical witnesses but also from the circumstantial and medical evidence. The principle of falsus in Uno and..........
Penal Code, 1860, Section 302 -- Appeal against conviction - Circumstantial evidence - Conviction based on circumstantial evidence - Circumstantial evidence is good evidence and it can be even sounder than the direct evidence of an eye witness - Witness may tell lie but circumstances will not - To base reliance on the circumstantial evidence the prosecution has to..........
Criminal trial -- Circumstantial evidence - Principles for basing conviction - Each and every incriminating circumstance must be clearly established by reliable and clinching evidence and the circumstances so proved must form a chain of events from which the only irresistible conclusion about the guilt of the accused can be safely drawn and no other hypothesis against the..........
Criminal trial -- Murder - Circumstantial evidence - Motive - Motive assumes greater importance than in the case where direct evidence is available - If evidence of murder are very clinching and reliable than conviction can be based even if motive is not established...........
Circumstantial evidence -- Accused absconded after commission of offence - Held, abscondance is a weak link in chain of circumstantial evidence...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction based on circumstantial evidence - Dead body found in jungle - Death was due to excessive haemorrhage because of nine ante mortem incised injuries on the body - Deceased was living with A1 as his mistress - A2 son of A1 did not approve of the conduct of his father - Evidence not justifying a finding that A2 had any..........
Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Death by strangulation - Deceased was daughter-in-law of accused - Accused was a midwife in maternity hospital - She took deceased to hospital for D & C operation - While in drowsy condition deceased was brought home - Prosecution case is that she then strangulated to death with the help of a string of a..........
