Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Test Identification parade (TIP) - Murder - Identity of accused already disclosed to witnesses before TIP - Identity of accused by said witnesses before Court is of no evidentiary value, as it is not fair and reliable - Consequently circumstantial evidence of last seen does not itself..........
Indian Penal Code, 1860, Section 302, 364, 392, 34, Evidence Act, 1872, Section 65B(4) -- Murder - Circumstantial evidence - Call details - No evidence on record as to how call details brought on record to connect accused with commission of crime - Moreover, no evidence with regard to call details could be proved unless competent officer of concerned cell phone company..........
Indian Penal Code, 1860, Section 392, 394, 302 -- Robbery and murder - A-2 roped into crime only on the basis of mobile conversation with deceased - Mentioned Sim was in possession of A-2 as a result of which he was apprehended - However, said Sim number did not stand in the name of A-2 - Prosecution failed to establish that A-2 had conversation with deceased or A-1 beyond..........
Indian Penal Code, 1860, Section 302, 392, 460 -- Robbery and murder - Circumstantial evidence - Recovery of articles at the instance of accused stands fortified by deposition of witnesses of recovery - Even, FSL report shows that blood-stains on weapon is blood group of deceased - Chain of circumstances stands established on basis of cogent evidence on record -..........
Indian Penal Code, 1860, Section 302, 201, 511, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Penile injury - There is no associated injuries over any part of body either in front portion or in the back portion - Contention that penile injury is possible on account of a fall rejected - Penile injury therefore, caused is not an injury sustained but..........
Indian Penal Code, 1860, Section 302, 201, 511, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Penile injury - A-1 is the beneficiary under Will executed by deceased in his favour - He is therefore the most interested person to cause death of deceased - Moreover, deceased was under the care and custody of A-1 - It is within the personal knowledge of..........
Indian Penal Code, 1860, Section 302, 201, 511, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Penile injury - Only evidence against A-3 is that he took deceased while he was fighting for his life in an ambulance to Government Hospital - It is not alleged that A-3 was involved in causing injury to deceased - No evidence on record as to whether A-3..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 3 -- Murder and robbery - Circumstantial evidence - As per prosecution, accused persons committed murder of deceased and looted his motorcycle - However, no eye-witness as to occurrence of incidence - Even, there is no evidence against accused as to involvement in crime - Recovery of broken pieces..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - When prosecution's case is based on circumstantial evidence, what is required to be proved is complete chain of circumstances without leaving any conclusion consistent with the innocence of accused - It must be shown that in all human probability, the act, with which..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Accused frequently quarreled with deceased and also assaulted her - Property dispute between accused and deceased also on record - Accused also was in greed for fixed deposit of Rs.1,20,000 which had become due payable to deceased - Motive held, proved...........
