Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Three accused convicted for the offence punishable u/s 302 - Recovery of katta at the instance of A1 disbelieved and FSL report does not establish that said katta was used in the commission of offence - Neither arrest of A1 nor recovery of bloodstained t-shirt at his instance..........
Evidence Act, 1872, Section 8 -- Motive - Murder case - Circumstantial evidence - Motive plays crucial role in circumstantial evidence, but that by itself is not be all and end all - Motive would only form a link in chain of circumstances and unless prosecution establishes all links to complete the chain, person cannot be convicted, as that would amount to conviction based..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Witness of Last seen theory is not reliable, as PW7 remained silent for 2 months after the occurrence itself and PW8 also suffers from the same shortcomings - Said witnesses were shown to be roped by police as an after thought in order to put..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Recovery of bale (ghatari) having dead body of deceased - Accused committed murder of deceased and subsequently both accused enwrapped the dead body in blanket and a bale (ghatari) was prepared - Dead body was recovered from possession of accused - Onus is..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Testimony of PW1 - PW1 is the taxi driver, who was hired by accused for dumping dead body of deceased - However, on being inquired by PW1, both the accused took dead body back to shop - Thereafter, co-accused fled away from the spot and accused closed the shutter of shop - PW1 informed..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Dead body of deceased recovered from exclusive possession of accused, stands proved - Both the accused hatched criminal conspiracy to destroy the evidence by attempting to dump the dead body - Story of accidental death of deceased is not proved on record,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seen together - Time lag between the occurrence of death and when accused was last seen in company of deceased, is considerably large - When time-lag is considerably large, it would be safe for Court to look for corroboration - No corroboration forthcoming - In..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Last seen evidence - Murder case - Accused was not the only person who was seen with deceased - There was third person who was acquitted by trial Court - Trial Court not gave any reason as to why it believed that third person did not commit murder - Last seen evidence not proved against accused - Prosecution does..........
Evidence Act, 1872, Section 24 -- Circumstantial evidence - Extra judicial confession - Murder case - Number of persons had gone to house of accused and when he was put in fear of police, he made extra judicial confession - Same requires corroboration - More so, recovery of dead body at the instance of accused treated as extra judicial confession by trial Court,..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction and murder - Common intention - Circumstantial evidence - Accused convicted on the basis of following circumstances: (i) Motive was against deceased due to his not agreeing to proposal of marriage of co-accused with his daughter; (ii) accused and co-accused both being cousins, knew each other very well; (iii) both..........
