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..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8 -- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506 -- Murder - Unlawful assembly - Circumstantial evidence - Accused allegedly assaulted deceased with deadly weapons on his hands and legs while dragging him for about 2 km from his house to fields, which led to his death - Weapons used in crime were stated to be sword, sticks axe and pipe - However, no..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Case of prosecution entirely hinges on circumstantial evidence which has got several missing links inasmuch as possibility of the accused being innocent cannot be ruled out - Even, in view of conflicting medical opinion, trial Court was not justified in relying only on..........
Indian Penal Code, 1860, Section 302, 364, 379, 34 -- Murder - Circumstantial evidence - Identification of dead body - Dead body of deceased recovered from farm of PW1 on information given by A-1 - Same was identified by mother and father of deceased - Dead body was further proved by skull imposition test...........
