Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Motive attributed to accused that deceased had illicit relations with Bhabhi of accused - This fact is brought for first time in statement of PW11 during trial - Said fact has neither mentioned in statement made before police nor in FIR - Motive of crime thus, not proved on record - More so,..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - PWs proved that deceased was last seen in the company of accused - However, nobody has seen deceased in the company of accused nearby place where his dead body was found in decomposed position - There is no evidence of murder or other unnatural death of deceased - Cause of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Circumstantial evidence - No evidence on record regarding common intention of three accused or prior meeting of their minds to kill deceased - Even there is no evidence to show that these accused were wielding lathis or had assaulted deceased by lathi - For want of clinching evidence to indicate..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Involvement of accused `D' in crime proved on record, particularly on account of recovery of weapon from his house, which was used to assault deceased - No explanation given by accused for the same except claiming to be innocent - Medical evidence does indicate that two injuries fatal and each of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - It was recorded by PW12, Tehsildar, which gives an impression that same generated to make Courts believe the case against accused - Extra judicial confession is suspicious and full of facts and graphically discloses antecedents of A-1,..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Witnesses of abduction and conspiracy turned hostile - Motive of crime not proved on record - Recovery of blood stained articles also not proved, as prosecution failed to place chemical analysis report on record - Moreover, though serological report found that blood groups found on the clothes of..........
Indian Penal Code, 1860, Section 302, 449, 34 -- Murder - Circumstantial evidence - Last seen evidence - Evidence of Last seen is doubtful, as there were contradictory statements - Even statements of witnesses recorded by police after delay of one week, which amounts to highly unnatural conduct on their part - News of murder of deceased became known to public at large..........
Indian Penal Code, 1860, Section 302, 449, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - All the alleged facts indicating motive relied upon by prosecution regarding affair of one family member of accused with family member of deceased, money transaction, dismissal of A-2 from temporary service, are not directly connected to deceased and..........
Indian Penal Code, 1860, Section 302, 449, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of two knives - Recovery effected from A-1 - I.O deposed that after seizure of knives, same was not sealed and he merely put them in box and sent the same to Magistrate - Such procedure adopted by prosecution is highly improper and illegal, as box..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Merely because blood group could not be ascertained from murder weapon, prosecution case cannot fail...........
