Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - Testimony of witnesses (wife of deceased and younger brother of deceased) have deposed that A1 gave misleading and false answers when they made enquiries from A1 about whereabouts of deceased - Held, A1 had given false explanation to..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - A1 conduct of visiting house of driver in late hours of night of date of incident - Held, conduct of attempting to establish contact with driver in late hours of day of incident, raises a strong suspicion against A1 and indicates an..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - A1 pointing out place of murder of deceased - Deceased went to house of A1, sent his car back to his house and then went with A1 and attended rally in afternoon and was not seen alive by anyone after such time - Doctor who conducted..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201 -- Kidnapping and Murder - Circumstances establishes that A1 was last seen in company of deceased in afternoon of date of incident - Further, A1 going with deceased to Ghaziabad on day of incident and was first to point out place of murder to police - A1 made false claims as to whereabouts of deceased as well as her..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Allegations against A2 brother of A1 that A2 visited house of A1 along with two other persons on two occasions just a few days prior to incident and wrist watch of deceased recovered by police at his instance - Held, A2 brother of A1 it is natural for A2 to visit A1 house frequently - Merely because A2 visited A1 house..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder- Causing disappearance of evidence - A5 was driving of car in which deceased was last seen with A5 and A1 - Car went up till Spot A, which is place of incident as is evident from existence of mud from spot on tyres of car - False claims made by A5 and fact that body of deceased was recovered from a sub-canal where..........
Indian Penal Code, 1860, Section 302 -- Murder - Two sets of prosecution evidence - One set implicating accused and the other set exonerating accused - When prosecution comes with two sets of self contradictory or mutually destructive evidence, Court has to reject both or at best can accept one favouring accused - Since prosecution case is grossly inadequate to bring home..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 154 -- Murder - Hostile witness - PW4 who was present on the spot was declared hostile by prosecution - However, testimony of a hostile witness to the extent reliable can be acted upon - Admittedly presence of PW4 at the place of occurrence was admitted and his testimony supported the testimony of PW8 -..........
Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Allegation that accused roaming around house of deceased - Merely because accused was 18 years of age as on date of incident, roaming around house of deceased would not lead to conclusion that accused has committed crime of rape and murder, unless prosecution is..........
Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Recovery of `Gudri' (mattress) - Mattress seized from house of accused though having semen stains but it did not have vaginal smear - Recovery of Mattress may raise some sort of suspicion in the mind of Court but having regard to other material on record moreso..........
