Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Threatening calls - STD booth operator stated that two calls were made from his STD to specified mobile numbers - However, nothing has been brought on record that those mobile numbers belongs to PW4 and PW10 or were in any way under their control - Mere..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Only evidence against accused is last seen by PW4 at 2 pm and by PW5 at 5 pm and later in night, accused with gunny bag on her scooty - Such evidence does not complete chain of circumstances so as to maintain conviction of accused for an offence u/s 302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra judicial confession of accused not proved on record - As regarding recovery of scooty on the basis of disclosure statement of accused, same is also not proved - Even, there is no blood mark on scooty or any other evidence that it was used by accused in disposing of body - Prosecution failed to..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Circumstantial evidence - Accused had knowledge that in case the injuries are inflicted on person it may cause the death, even though injuries were simple in nature and not given by sharp edged weapon - However, cause of death as per doctor`s opinion was shock and haemorrhage due to injuries which..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased was having liquor with PW2, PW7, PW16 day before the incident at late night - However, said witnesses have not deposed anything against accused involving them in crime - Even wife and father of deceased also not levelled any allegation against accused - Nobody has seen deceased in the..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Most of PWs turned hostile and statement of witnesses produced suffer from serious material contradictions - Important and relevant witnesses not produced by prosecution - Even, memo of arrest of accused not produced - Prosecution failed to complete chain of events leaving any reasonable..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Cause of death of deceased was strangulation - Incident occurred when deceased has gone to his i, laws house to bring back his wife and children - Deceased died due to strangulation in the house of one `M', where accused were present - Accused having illicit relationship with wife of deceased..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - No eye witness to actual occurrence - Evidence of last seen witnesses is contradictory - Though deceased was found in the company of accused on 25.8.98 but as per medical evidence deceased died somewhere between 25.1.98 to 27.1.98 - Time elapsed since death was 24-96 hrs -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Prosecution led no satisfactory evidence so as to establish beyond all manner of doubt that accused was woman who was staying in the house in question with co-accused where deceased/girl was murdered - Fact that dead body was that of daughter of accused would create..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence - Where prosecution case is initially based on eye witness account but subsequently eye witnesses turned hostile, still conviction can be based on circumstantial evidence...........
