Indian Penal Code, 1860, Section 302, 392 -- Homicidal death - No eye witness - Circumstantial evidence - Deceased died due to asphyxia due to strangulation of neck - Extra judicial confession recorded by PW-12 and after recording confessional statement, PW-12 and appellant then went to police station - Courts below rightly found it to be a voluntary statement of appellant..........
Indian Penal Code, 1860, Section 302, 34, 201, 34 -- Appeal against conviction - Circumstantial evidence - High Court listing 13 pieces of circumstantial evidence to affirm the conviction and sentence of the appellants - Held that out of thirteen pieces of circumstantial evidence listed only three are relevant so far as the appellants are concerned - From the aforesaid..........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Circumstantial evidence - Whether the chain of circumstances is complete enough to lead to only one hypothesis that the appellants alone had intentionally caused the death of `R' - The chain of circumstances held not complete - There are missing links in the chain of circumstances sought to be proved by..........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Circumstantial evidence - If the other links in the chain of circumstances are conclusive against the accused, his false plea and defence would be an additional circumstance against him - But if the links aforesaid are weak, a false plea put up by an accused, would not strengthen the case of the..........
Indian Penal Code, 1860, Section 302, 201 -- Appeal against convictions - Circumstantial evidence - The order of conviction and sentence recorded against the appellant on the basis of recovery of some bones, ash and skin - As also evidence of last seen provided by the widow of deceased - Held that prosecution led no evidence to prove that Dera in question from the outer..........
Indian Penal Code, 1860, Section 302, 376, 201 -- Appeal against conviction - Rape - Murder - Extra judicial confession - It is settled that if the court believes the witness before whom confession is made and it is satisfied that confession was voluntary then in such a case conviction can be founded on such evidence alone - Appellant made extra judicial confession before..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Conviction - Legality of - Allegation that accused caused death of wife by strangulation - Prosecution witnesses initially convinced that deceased died out of accidental fire and body buried without post mortem - Subsequent exhumation and post mortem after 8 days on suspicion that accused caused..........
Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Death by strangulation - Deceased was daughter-in-law of accused - Accused was a midwife in maternity hospital - She took deceased to hospital for D & C operation - While in drowsy condition deceased was brought home - Prosecution case is that she then strangulated to death with the help of a string of a..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on circumstantial evidence - Circumstance of deceased last seen in the company of accused and that jersey and hunting shoes which accused was bearing on day of occurrence were found to bear stains of human blood - Evidence of 9 year old girl to prove this circumstance-High Court disbelieved the evidence of the..........
Indian Penal Code, 1860, Section 302, 34 -- Homicidal murder - Circumstantial evidence - Motive not proved - No positive evidence to indicate foot prints of accused -Recovery of amulet and rod a weak piece of evidence as there are no special identity marks on both of these articles - Extra judicial confession not trustworthy - Held, conviction and sentence is based on mere..........