Indian Penal Code, 1860, Section 302, 364, 201 -- Abduction and murder - Separate and distinct offence - Time and place of occurrence of two incidents are different - Number of accused involved in incidents is different - Even, there is no continuity of action gathered from sequence of events - Moreover, it is evident that unity of purpose and design between two offences..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Abduction and murder - Separate and distinct offence - Merely because there is common motive, second offence cannot be said to be in continuation of first incident especially when there being distinct intentions behind two offences...........
Indian Penal Code, 1860, Section 302 -- Murder - Absence of DNA evidence - Does not lead to adverse inference against party, especially in presence of other cogent and reliable evidence on record in favour of such party...........
Indian Penal Code, 1860, Section 302 -- Murder - Superimposition test - Cannot be taken as conclusive test for identification of dead body because said test by itself may not conclusively establish identification...........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 27 -- Abduction and murder - Confession - Actual recovery of body happened before accused lead to police to the scene - Said fact does not negate validity of recovery based on confession in terms of S.27 of Evidence Act...........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 114 -- Abduction and murder - Last seen together - Presumption - Failure on part of accused to furnish any explanation or furnishing false explanation with regard to last seen together - Draws strong presumption against accused and in favour of his guilt and would provide additional link in chain..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Abduction and murder - Circumstantial evidence - Evidence of PWs1 & 2 with regard to motive for commission of offence, last seen circumstances, recovery and identification of dead body is consistent with case of prosecution - There is no embellishment or exaggeration in evidence of these..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, Indian Penal Code, 1860, Section 420 - - Offence u/s 61 Punjab Excise Act and S.420 IPC - Liquor recovered from vacant plot accessible to all - There is nothing on record to attach petitioner with the said recovery - Petitioner has already joined the investigation and he is not required for..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 365, 352 -- Delay in lodging FIR - Abduction and assault - A-1 acted as a benefactor to family of complainant and had helped them financially and otherwise on multiple occasions - PW1 under such circumstances, might have been reluctant to lodge a complaint immediately after occurrence of said..........
Indian Penal Code, 1860, Section 365, 352 -- Abduction and assault - PW1 was abducted along with her husband/victim (since dead) - She deposed in detail about how A-1 hoped to marry her and unduly favoured her and her family - PW1 also stated that how A-1 confined and assaulted her husband - Evidence of PW1 is natural, consistent, probable and reliable and her evidence..........
