Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Motive of crime not established - Once testimony of last seen and recovery is discarded, there remains no other evidence on record to establish the chain of events to implicate the accused - Guilt of accused not proved - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Motive of crime not established - Once testimony of last seen and recovery is discarded, there remains no other evidence on record to establish the chain of events to implicate the accused - Guilt of accused not proved - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Long time gap between alleged last seen and recovery of body - Whether the deceased had in fact gone with accused after which his dead body was found had not been proved - There is no definitive evidence of last seen and also the fact that there is a long time-gap between..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused allegedly made extra judicial confession before Village Administrative Officer/PW1 whom he did not know - Alleged confession was made by accused more than two months after the incident which makes it more suspicious - PW1..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of dead body at the instance of accused - Dead body of deceased was recovered from a place which was accessible to all - A day prior to alleged discovery, PWs 1 & 2 had gone to place where dead body was found - This also raises serious doubt about theory..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Contradiction in the evidence of PW1 and PW18 regarding recovery of weapon of offence - This makes the prosecution case vulnerable as far as discovery of stick at the instance of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - General statement made by PW8 that he had seen deceased and accused together two years back - PW8 declared hostile - Moreso, other witnesses of last seen evidence also declared hostile - Last seen theory not proved...........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Husband not disputed his presence at home at the relevant time - He failed to offer any explanation or gave false answer as to how wife received injuries - Defence of robbery taken by husband not proved as nothing on record to indicate that he had suffered any injuries - On the other hand there were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 392, 397, 201, Arms Act, 1959, Section 27, 25(4), Maharashtra Police Act, 1951, Section 37(1)(3), 135 -- Bail - Murder - Deceased was killed in brutal manner by cutting her body parts and thrown at different places - Body parts recovered were completely decomposed - Prima facie it appears..........
