Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence or affidavit in a proceeding before a Court - Appellant in an enquiry found to have made intentionally a false statement on oath - Directions for filing complaint - Appeal - One of the conditions for filing such complaint is that Court found it expedient in interest of justice to make an inquiry in..........
Criminal trial -- Circumstantial evidence - Murder of wife - Circumstance that relationship strained on account of demand of dowry, at relevant time deceased was living with her husband and in laws, letter written by deceased to her father apprehending that in laws may kill her, gunshot heard by neighbour, accused possessing licensed gun, death due to gunshot, false and..........
Criminal trial -- Appreciation of evidence - Contradictions - Only material particulars can be used to discredit the testimony of the witness - Omission in the police statement by itself does not necessarily render the testimony of witness unreliable - Version given by the witness in Court if different in material particulars from that disclosed in earlier statements, the..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Held, where prosecution wants to prove guilt of accused by circumstantial evidence, it is necessary to establish that circumstances from which a conclusion is drawn should be fully proved - Circumstances should be conclusive in nature - All facts so established should be consistent only with..........
Indian Penal Code, 1860, Section 376 -- Rape - Acquittal - Appeal against - Victim below 16 years - Accused known to family of victim - Accused dragged victim while she was walking on road, to a ditch and raped her - Soon thereafter victim narrated the incident to many independent witnesses - Complaint lodged after 2 days & medical examination conducted after 3 days -..........
Indian Penal Code, 1860, Section 302, 392, 376 -- Acquittal by trial Court - Conviction by High Court - Appeal against conviction - Circumstantial evidence - Accused took victim away from convent where she was employed on false pretext that her mother was seriously ill - Dead body of victim found in railway track run over by trial - Jewellery missing and received at the..........
Indian Penal Code, 1860, Section 302 -- Murder - Case of patricide-cum-matricide-cum-fratricide - Conviction on basis of circumstantial evidence - Circumstances that accused and deceased person alone occupied house on fateful night, false explanation to witnesses that deceased persons gone to temple but not returned, telling to siblings that the 3 deceased were killed by..........
Indian Penal Code, 1860, Section 302, 149, Criminal Procedure Code, 1973, Section 378 -- Offence under Ss.302/149 - Appeal against acquittal - Two out of 9 accused inflicted fatal wound - All accused formed unlawful assembly - Defence of false implication - Trial Court convicted two accused who inflicted fatal wound under S.302 and all other accused u/ss. 302/149 - High..........
Criminal trial -- Circumstantial evidence - Murder - Dead body and ornaments recovered from house of accused - Witnesses had seen deceased going to house of accused and sitting in house of accused - Evidence of neighbour that a dead body was found under cot of accused's house - Witnesses having good relation with accused - No explanation offered by accused as to show dead..........
Indian Penal Code, 1860, Section 302, 375 -- Murder & rape - Proof - Circumstantial evidence - Presence of accused persons at relevant time at place of occurrence proved by prosecution - Both accused persons had opportunity to commit crime as victim being a teen ager was alone in the house - Medical evidence proved that prosecutrix was raped, strangulated and stabbed -..........
