Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Greater burden lies in the shoulder of prosecution to prove its case in a case of circumstantial evidence...........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Mother of deceased stated that it was accused who came to her house and took away her son/deceased - Three last seen witnesses have seen the body of deceased being carried by accused - Accused arrested on next date and co-accused absconding - Post mortem report shows that deceased was..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Double murder - Circumstantial evidence - Medical and scientific evidence clearly demonstrates that accused used axe for inflicting injuries on deceased persons - Even, recovery of bag containing clothes and mobile of accused is proved by accused himself in his statement u/s 313 Cr.P.C. - Moreover,..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Abduction and murder - Circumstantial evidence - Evidence of PWs1 & 2 with regard to motive for commission of offence, last seen circumstances, recovery and identification of dead body is consistent with case of prosecution - There is no embellishment or exaggeration in evidence of these..........
Indian Penal Code, 1860, Section 302, 120B, 201, 297, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per prosecution, father of deceased hatched conspiracy alongwith accused to kill her, but no challan was put up against him - Even, theory of conspiracy not proved against accused - There is no corroborative material produced on record by prosecution..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of mobile phone which was allegedly used for making demands of ransom not proved, as same was not subscribed by deceased - Bullet recovered from body of deceased matched with service weapon which was allocated to PW11, Police, but theory that weapon was snatched by accused is not..........
Indian Penal Code, 1860, Section 302, 397, 398, 201, Evidence Act, 1872, Section 27 -- Murder - Robbery - Circumstantial evidence - Recovery of silver ornaments of deceased at the instance of accused - Identification of ornaments in doubt, as recovered articles were not mixed with any other article for identification - More so, recovery itself is effected after a period of..........
Indian Penal Code, 1860, Section 302, 397, 398, 201, Evidence Act, 1872, Section 27 -- Murder - Robbery - Circumstantial evidence - Recovery of kulhari - Recovery at the instance of accused is of no consequence as same was not sent for FSL, logically for the reason that sending same after more than 101/2 years will not bear any fruitful result - Recovery held, not proved -..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder and robbery - Circumstantial evidence - Motive - Prosecution alleged that robbery as motive of crime - However, site plan panchnama shows that expensive ornaments like gold, pearl necklace etc. were left behind on person of deceased - No explanation as to why accused would intend to..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence -Recovery of cash - Cash is not traced back to deceased, as box from which articles were allegedly stolen is not recovered or seen by any witness - Even in FIR there is no averment of any article or money being stolen or lost - Therefore, when money allegedly recovered is being..........
