Indian Penal Code, 1860, Section 302, 363, 377, 201, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Murder - Circumstantial evidence - Last seen theory not proved - Testimony of mother of deceased is doubtful - None of recovered articles match with accused - Chain of evidence is not complete - Prosecution has failed to establish the guilt of accused..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 118 -- Murder - Chance witness - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Presence of witnesses near place of occurrence was natural and their testimony of crime was cogent and consistent - Courts below erred in not..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Husband being unhappy with wife hatched conspiracy with his brother and father, eventually murdering deceased - Husband may not be having a cordial relation with deceased but that itself not sufficient to hold with certainty that killing her was only..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Husband unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother of husband was last person to be seen alive with deceased - Being confronted with armed miscreants, accused..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased not discovered or identity of dead body is disputed - Directions issued Viz: (i) Where dead body of deceased not discovered or identity of dead body is seriously disputed or is in doubt, investigating agencies/prosecution must make all efforts to collect and produce before Court all possible..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Murder - Circumstantial evidence - Delay in recording statement of key witnesses, not explained - In the chain of circumstances viz., recovery of dead body, recovery of clothes and car of deceased at instance of A-3, and motive for commission of crime, not conclusively proved by prosecution - No evidence to prove that A-3..........
Indian Penal Code, 1860, Section 304B, 498A, 302 -- Dowry death - Cruelty - Death due to kidney failure - Chemical Examiner's report that no common poison could be detected - No other injury detected during post mortem examination - Report of Chemical Examiner drawn by a series of analysis is an authentic piece of evidence to be relied upon in the absence of any eye..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against acquittal - Circumstantial evidence - Basic foundation of prosecution had crumbled down by not connecting the accused with the incident in question - When basic foundation in criminal case is so collapsed, circumstantial evidence becomes inconsequential - In such situation accused cannot be convicted on..........
