Indian Penal Code, 1860, Section 302, 34, 379, 120B -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - A-3 hatched conspiracy with her paramour A-1 along with A-2 and committed murder of her husband - It is proved and established on record that A-1 and A-2 were following A-3 and deceased as per instructions of A-3 and all accused were..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302 -- Motive - Murder - Circumstantial evidence - If prosecution establishes motive for accused to commit crime it will undoubtedly strengthen prosecution version based on circumstantial evidence, but that is far cry from saying that absence of motive for the commission of crime by accused will irrespective..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Last seen together - Prosecution contended that it is accused who took deceased to room with intention of killing him since accused `S' suspected that PW10 was having an affair with deceased - However, manner in which accused reached at the spot and guest house in question suggests a total..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Medical evidence - Prosecution failed to prove exact time of death of deceased - Deceased was a drug addict who died due to overdose of drugs - Possibility of deceased injecting himself cannot be negated - There is also possibility of deceased calling some other person to inject him with drug..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Motive put forth is that PW10 was close to accused `S' who introduced her to deceased - Two had developed close relationship which was not liked by accused `S', who thereafter conspired with A-2 to Kill deceased - However, in first complaint, there is no..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Deceased and accused were sleeping in one room and deceased died due to overdose of drug - No evidence on record that A-2 injected poisonous substance into body of deceased - Circumstances proved cannot lead to inference that it is accused alone who committed offence - Medical evidence does..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Accused was not actually seen in the company of deceased any time soon before her death - Prosecution is guilty of concealing material witnesses from Court who had seen deceased jumping into canal and same cannot be casually discarded - Though injuries found on the private parts of deceased,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Motive attributed to accused that deceased had illicit relations with Bhabhi of accused - This fact is brought for first time in statement of PW11 during trial - Said fact has neither mentioned in statement made before police nor in FIR - Motive of crime thus, not proved on record - More so,..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - PWs proved that deceased was last seen in the company of accused - However, nobody has seen deceased in the company of accused nearby place where his dead body was found in decomposed position - There is no evidence of murder or other unnatural death of deceased - Cause of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Circumstantial evidence - No evidence on record regarding common intention of three accused or prior meeting of their minds to kill deceased - Even there is no evidence to show that these accused were wielding lathis or had assaulted deceased by lathi - For want of clinching evidence to indicate..........
