Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 118 -- Murder - Chance witness - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Presence of witnesses near place of occurrence was natural and their testimony of crime was cogent and consistent - Courts below erred in not..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Husband being unhappy with wife hatched conspiracy with his brother and father, eventually murdering deceased - Husband may not be having a cordial relation with deceased but that itself not sufficient to hold with certainty that killing her was only..........
Indian Penal Code, 1860, Section 120B, Evidence Act, 1872, Section 10 -- Criminal conspiracy - Circumstantial evidence - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Conspiracy is a matter of inference and inference must be based on solid evidence - Conviction of accused simply because of his..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Husband unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother of husband was last person to be seen alive with deceased - Being confronted with armed miscreants, accused..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Last seen Evidence - FIR lodged against unknown persons - There is no eyewitness to actual commission of offence - Deceased was last seen in company of acquitted accused `R' - No witness has deposed about deceased being last seen with accused in and..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Recovery of knife - Blood stained knife was sent to FSL for forensic examination, but there is no evidence that fingerprint was taken from murder weapon or compared to fingerprint of accused - FSL report only states that blood found on knife was..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Forensic evidence for tests of scalp hairs, pubic hairs, seminal strains on certain exhibits, blood stains on knife etc. is on record, but reports of the same do not in any way provide proof to establish guilt of accused - There is no eye witness to..........
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..........
