Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
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..........
