Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 299 -- Murder of wife by husband - Recording of evidence of complainant in the absence of accused - Appellant vanished from the crime scene and remained absconding for a period of nearly 10 years - Statement of complainant was recorded in proceedings u/s 299 Cr.P.C - Circumstances of motive, last..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Recovery of confessional note from the crime scene - Specimen writings of appellant were lawfully collected by I.O after he was arrested and all these documents were placed on record with the charge sheet - These specimen writings and admitted writings of appellant along with confession note recovered from..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Investigation - Investigating Officer gave unimpeachable evidence proving the various steps taken by him for collection of evidence during investigation so as to link the appellant with murder of deceased - Fact that appellant was present with deceased on the night preceding the murder is firmly..........
Indian Penal Code, 1860, Section 302, 326 -- Murder - Appellant stabbed deceased as per PWs - Presence of appellant at the place of occurrence was established by witnesses - Medical evidence supports the ocular evidence - Independent witnesses have also supported the prosecution case - Motive has also been proved as all the witnesses have stated that appellant was refusing..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Common intention of accused was never established by prosecution to connect them with crime charged - Deceased died of multiple injuries - Prosecution failed to establish for two accused `R' and `M' as to which injury is inflicted by which accused on the deceased, which resulted in death - Moreover, in the absence..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identification of accused - Incident is of the year 2006 and accused arrested in the year 2008 - Identification parade of accused not held and accused was shown to witnesses by police -..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Recovery of iron rod - Recovery effected after about 2 years and 2 months from the incident - Said iron rod also had blood stains as per prosecution - However it is difficult to believe as to how..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identity of accused - Possibility of mistaken identity cannot be ruled out - Motive of crime is attributed only to A-1 and not to present accused - Prosecution failed to prove the case beyond..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of weapon used in the crime - Evidence of I.O. and Panch witnesses reveal that recovery of weapon was made from an open place - No reliance can be placed on such recovery - Conviction solely based on such recovery would not be tenable - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Investigating Officer in his evidence stated that all four eye witnesses had not come to him voluntarily to depose regarding what they had seen about the occurrence, but he called them and examined them in connection with the case - However, both PW1 and PW2 stated in their evidence that they..........
