Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Prosecution miserably failed to prove the unity of time space and action to arrive at conclusion that immediately before murder, deceased and accused were seen together - Star witness of last seen evidence PW1 himself admitted that he was having grudge with accused before..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of mobile phone of deceased - Witnesses of recovery stated that they made to sign the papers of recovery of mobile phone by police but they were not given any details from where articles were recovered - Moreover, disclosure statement regarding said recovery not attested by independent..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained clothes of deceased - Prosecution made no attempt to prove on record the blood group of accused - Accused and deceased are cousins - It cannot be negated that clothes of accused may be having his own blood - Recovery of blood stained clothes not proved...........
Indian Penal Code, 1860, Section 302 -- Murder - Conduct of accused - Prosecution alleges that accused absconded after murder and arrested next day of recovery of dead body - However, PW8 stated that on the day of recovery she confronted accused regarding whereabouts of deceased - It is thus, proved that on the day of recovery of dead body accused was in the village -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased sustained gunshot wounds on the left thigh - Weapon used and the manner in which attack was made and injury was inflicted due to premeditation establish that accused intended to cause the injury - However, injury was on the inner part of left thigh, which is no, vital organ - Keeping in view..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - All PWs except PW1, PW8 and PW7 turned hostile - Evidence of PW1 and PW8, witnesses of occurrence, prove guilt of accused, which is corroborated by evidence of doctor PW7 - Order of acquittal is erroneous for no, consideration of evidence of said PWs - High Court rightly reversed the order of..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Accused contended that time of occurrence as rendered by doctor PW7 is totally different and having regard to medical evidence, thus benefit of doubt must be given to him - Contention rejected as it cannot vitiate the other part of cogent evidence of PW1 and PW8, so as to interfere in the..........
Indian Penal Code, 1860, Section 397, 302, 34 -- Robbery - Murder - Identification of accused - Eye witnesses had not seen the accused earlier and seen the accused only in police station after three months of incident and identified them as assailants - Thereafter eye witnesses identified the accused in Court - No test identification parade (TIP) was conducted by..........
Indian Penal Code, 1860, Section 397, 302, 34 -- Robbery - Murder - Computer sketches of accused persons got prepared by police which were identified by CW10 - However, CW10 not examined in Court - Link evidence thus missing - More so, medical evidence not sufficiently proved the case against accused - Trial Court is justified in acquitting accused in absence of sufficient..........
Indian Penal Code, 1860, Section 302, 84, 504 -- Murder - Plea of insanity by accused - Performance of Pooja and preparation of tea immediately after committing murder by accused, would be relevant factor in holding that accused was not unsoundness of mind at the time of incident, particularly when there is no evidence adduced by accused to show that he was suffering from..........
