Indian Penal Code, 1860, Section 302 -- Murder - Appeal against conviction - Both the accused convicted for murder of deceased but only one of them filed appeal - Evidence against accused `P' is extremely thin - Moreover, if there is a possibility that prime accused `R' might not be the culprit, there is even a lesser possibility of accused `P' having been involved in the..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Testimonies of PWs contradictory to each other as to time and from which place PW12 and accused had taken deceased with them - Prosecution has come up with two stories that on the one hand only PW12 and accused had taken deceased with them and only accused had killed him yet..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of various articles - Recovered articles were sent to FSL but only human blood was detected - No distinct blood group could be traced out - It is the duty of prosecution to establish the blood group of deceased and accused and to prove that recovered articles contain the blood group of..........
Indian Penal Code, 1860, Section 307 -- Ingredients - (i) Intention to commit murder and (ii) the act done by the accused - Intention can be gathered from the kind of weapon used, nature of injuries, situs of injury and severity of the blow...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 357(3) -- Sentence - Compensation - Sentence of five years RI awarded - Occurrence of 1994 - Sentence modified to period already undergone - Appellant directed to pay compensation of Rs.7,50,000/- to the victim...........
Indian Penal Code, 1860, Section 325 -- Conviction u/s 325 and sentence of 3 years RI awarded - In view of the occurrence being of year 1994 and other circumstances, sentence reduced to period already undergone...........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Minor girl - Kidnapping with intention to marry - Girl stating that she had voluntarily gone with accused and she on her own sweet will married accused - Court finding girl to be minor sending her to Nari Niketan till she attained majority - A minor cannot be..........
Indian Penal Code, 1860, Section 302, 379, 201, 411 -- Murder - Circumstantial evidence - Last seen theory - Difference between time when deceased was last seen and time when her body was discovered is too great as her body was discovered after a delay of four days - No evidence to show that place where deceased's body was eventually discovered is near about the place..........
Indian Penal Code, 1860, Section 302, 379, 201 -- Murder - Circumstantial evidence - Recovery of remaining part of rope which was used to tie up a gunny bag in which body of deceased was recovered - No evidence that recovery effected at the instance of accused `S' - There is no FSL report which establishes the fact that fibers of rope are similar in their texture, design..........
Indian Penal Code, 1860, Section 411 -- Receiving stolen property - Recovery of jewelry items - Since prosecution failed to prove that items so recovered actually belonged to deceased, it cannot be concluded that accused `M' had received, or kept stolen property - Conviction of accused `M' u/s 411 IPC is unjustified - Accused acquitted...........
