Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Finger prints Evidence - Expert who examined articles at the place of occurrence and found some finger prints not examined - Person who took the sample finger prints also not examined - No explanation about why articles were just left at the scene after developing finger prints..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Last seen evidence - Prosecution relied upon evidence of PW8 to show that accused and victims were last seen together - However, PW8 in her evidence stated that accused had come one day before in night and next day deceased persons died - PW8 is a child witness, neither she..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder - Circumstantial evidence - Last seen theory - Dead bodies of two missing deceased were found in the field - Last seen witness/PW3 while supporting prosecution case stated that he saw two deceased in company of accused and two of them carrying box - More so, informant stated that PW3 informed him that he saw..........
Indian Penal Code, 1860, Section 302, 34, 379, 120B -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - A-3 hatched conspiracy with her paramour A-1 along with A-2 and committed murder of her husband - It is proved and established on record that A-1 and A-2 were following A-3 and deceased as per instructions of A-3 and all accused were..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302 -- Motive - Murder - Circumstantial evidence - If prosecution establishes motive for accused to commit crime it will undoubtedly strengthen prosecution version based on circumstantial evidence, but that is far cry from saying that absence of motive for the commission of crime by accused will irrespective..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Last seen together - Prosecution contended that it is accused who took deceased to room with intention of killing him since accused `S' suspected that PW10 was having an affair with deceased - However, manner in which accused reached at the spot and guest house in question suggests a total..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Medical evidence - Prosecution failed to prove exact time of death of deceased - Deceased was a drug addict who died due to overdose of drugs - Possibility of deceased injecting himself cannot be negated - There is also possibility of deceased calling some other person to inject him with drug..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Motive put forth is that PW10 was close to accused `S' who introduced her to deceased - Two had developed close relationship which was not liked by accused `S', who thereafter conspired with A-2 to Kill deceased - However, in first complaint, there is no..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Deceased and accused were sleeping in one room and deceased died due to overdose of drug - No evidence on record that A-2 injected poisonous substance into body of deceased - Circumstances proved cannot lead to inference that it is accused alone who committed offence - Medical evidence does..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Accused was not actually seen in the company of deceased any time soon before her death - Prosecution is guilty of concealing material witnesses from Court who had seen deceased jumping into canal and same cannot be casually discarded - Though injuries found on the private parts of deceased,..........
