Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained axe and clothes of deceased and accused - Delay in sending articles to FSL - There is thus, grave discrepancy regarding safe keeping of articles before the same were forwarded to FSL - No reliance therefore, can be placed on FSL report as an incriminating evidence against..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Motive attributed to accused not proved - Even, there was no occasion for accused to make extra-judicial confession before a rickshaw puller, therefore, it is a weak evidence - Moreover, police has not joined independent witness when accused were arrested -..........
Indian Penal Code, 1860, Section 302, 364, 120B -- Murder - Kidnapping - Circumstantial evidence - Benefit of doubt - Last seen theory not acceptable as there is no close proximity between place and time of crime - Motive of crime not proved - Disclosure statement of appellant cannot be looked at for corroboration of this version - Weapon of offence neither produced nor..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder of wife by husband - Circumstantial evidence - Motive - Testimonies of Independent witnesses/co-villagers of accused - PW2 and PW3 does not speak anything about motive of accused behind commission of crime - They only stated that there was some dispute regarding lands between deceased and accused..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Abscondance of accused - Absconding is a weak link in a chain of circumstances - It can only be pressed into service when other cinching materials are available on record - Only absconding from spot of occurrence will not make anybody guilty of any offence..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Circumstantial evidence - Absence of explanation of accused regarding death of deceased - House in question where accused and deceased were living was not exclusively occupied or inhabited by them - Second wife and mother of accused were living in the same house - Accused..........
Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Murder case - Merely because case is one of circumstantial evidence, that by itself is not enough to convert a sentence of death into a sentence of life imprisonment...........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 3 -- Rape and murder of 3 year old girl - Death sentence - Based on circumstantial evidence - Ordinarily, it would not be advisable to award capital punishment in a case of circumstantial evidence - But there is no hard and fast rule that death sentence should not be awarded in a case of..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Ocular evidence of PWs 3, 4, 10 and 11 shows that A-1 had grudge against deceased because much prior to incident it was seen and heard by them that deceased used to object A-1 for his having close association with one person who was involved in..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Maruti Van carrying accused was seen moving prior to commission of offence in the area in question - Said Van recovered at the instance of A-3, as he was driver of same - Said fact is proved by two Courts below with the aid of PWs -..........
