Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - There is no material contradictions in evidence of PW1, who is not only witness of arrest but to disclosure statement and recovery of knife and blood stained clothes at the instance of accused - Evidence of PW1 thus, trustworthy - Motive of crime proved on record - Prosecution proved the guilt..........
Indian Penal Code, 1860, Section 302, 364, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Triple murder - Circumstantial evidence - FSL report, post mortem report and other documents along with statement of PW27 a conclusion is drawn that evidence led by prosecution and recovery of articles was in presence of independent..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Conviction - Circumstantial evidence - Appreciation of evidence - Murder by wife - Relationship between accused-wife and deceased-husband were strained - Recovery of blood stained `kulhari' at the instance of wife and `odhna' worn by accused matched with deceased blood group - Report of medical..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW1 is the only witness of last seen theory - However, testimony of PW1 not corroborated by any other witness - Recovery of various articles not proved, as forensic examination of these recovered articles not proved in Court - Accused proved to be falsely implicated in the suit - Motive of..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Benefit of doubt - No evidence to show that accused were last seen in company of deceased immediately prior to their death - No circumstance of motive for commission of offence established - Recovery of scooter used to carry dead bodies, shrouded in mystery - All PWs turned hostile - FSL..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Benefit of doubt - Testimony of sole-witness, not reliable - TIP done after two weeks of arrest of accused - Contradiction in identification and arrest of accused - Finger prints found on liquor bottle not matched with that of accused - Recovery of knife from an open `nala' which..........
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..........
