Indian Penal Code, 1860, Section 302, 34, 304 Part II, 201 -- Murder - Circumstantial evidence - Illegal termination of pregnancy - Patient died - To conceal the crime accused throttled sister of deceased who was present there and committed her murder - Chain of circumstances was complete to establish the offence - Drips and injections found from house of accused are used..........
Circumstantial evidence -- Murder - Merely because the accused did not cry or weep on witnessing the dead bodies of his wife and daughter, cannot be made the basis of his guilt...........
Indian Penal Code, 1860, Section 302 -- Murder - Poison - Bottle containing pesticide found in the wash basin along with a glass inside the house - Nothing on record to show that appellant purchased pesticide or brought it home - No fingerprint of the appellant was taken to show that it was he who had used the bottle or the glass for the said purpose - No incriminating..........
Criminal Procedure Code, 1973, Section 407, 409, Indian Penal Code, 1860, Section 302 -- Transfer of a case - Murder case - A number of witnesses including three police officials resiled from their statements made during investigation - Public Prosecution failing to cross examine them - Allegations that witnesses were coerced and threatened - Case transferred - If the..........
Maxim -- The maxim falsus in uno, falsus in omnibus is not applicable in India - If benefit is given to some of the accused that by itself is not sufficient to extend the same benefit to the main accused who took part in a brutal murder of their arch enemy...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Murder of wife and son by appellant - Deposition of PW to whom extra judicial confession is alleged to have been made is not consistent and thus not trustworthy - Testimony of PW also inconsistent and contradictory about the presence of appellant in his house on the date of occurrence - No..........
Evidence Act, 1872, Section 21, Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 9 years girl - Extra judicial confession made before a close relative of deceased - Held, it is impossible to expect anybody to make an extra judicial confession to a close relative of deceased...........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 9 years girl - Special Report delivered to Magistrate after about 27 hours - Name of accused did not figure in FIR - Held, on cumulative analysis of facts a suspicion is cast on the prosecution case on account of delay in the communication of the special report to..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 9 years girl - FSL report that no semen was detected in the vaginal swabs taken from the prosecutrix after the occurrence and that no semen was present on her `salwar' - Presence of semen on clothes of accused does not establish that he had committed rape on deceased - Conviction set aside...........
Indian Penal Code, 1860, Section 302 -- Murder - Causing death of mother by beating her with a stick - Sister and daughter-in-law eye witnesses - Daughter-in-law graphically described the scenario - Sister also graphically described the conduct of accused before the incident - Nothing discrepant in her evidence to cast doubt on her testimony - Held, trial Court and High..........
