Criminal trial -- Recovery of weapon of assault after three months of incident - It is not natural that accused appellant would have kept the weapon of assault in his own room for almost three months after the incident - Attesting witnesses of seizure memo have turned hostile - Recovery of weapon of assault is doubtful and prosecution has failed to prove the recovery of..........
Criminal trial -- Weapon of assault - Recovered from accused not connected with fatal injury caused to the deceased - Recovery of weapons of assault does not support the prosecution case...........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Testimony of eye witnesses - Complainant turned hostile - Even two eye witnesses, PW10 & PW11 also declared hostile - Statements of eye witnesses recorded after inordinate delay, for which no plausible or reasonable explanation is given by I.O in his deposition before trial Court - Recording of statement of main eye..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Medical evidence against deceased - Eye witnesses PW5 and PW6 have claimed that deceased was assaulted by accused `C' with a pati - Weapon of assault has also been recovered in this case i.e pati, but two doctors categorically stated that injury of deceased can only be caused by a sharp weapon and cannot be caused by a..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Medical evidence against injured - Prosecution has not examined treating doctor, under whose treatment injured was admitted in hospital - Rather, report was prepared by doctor who had not treated the injured - Medical evidence against injured produced by prosecution is not adequate enough to connect accused with..........
Indian Penal Code, 1860, Section 354A, 354D, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Offence u/ss 354-A, 354-D, 323, 504, 506 IPC and Ss.7, 8 of POCSO Act - Victim herself stated that some accident took place and that led to some altercation between parties, due to which parents of victim lodged report - This generates doubt..........
Indian Penal Code, 1860, Section 394, Arms Act, 1959, Section 25 -- Robbery - Crime of robbery with hurt has been established by testimony of PW1 and other evidence on record - Complainant had no motive to falsely implicate accused - Refusal to participate in TIP proceedings and lack of any reasons on the spot, undoubtedly establish accused's guilty conscience and ought to..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Murder case - Petitioners is involved in altogether six murder cases - Modus operandi of petitioner as per allegation of prosecution is almost same in all cases - Allegations against petitioner are very serious in nature - Earlier also bail application of petitioner was dismissed - Petitioner had attempted to commit..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - PWs being relatives of deceased stated on basis of information provided to them by others, but they themselves had not seen incident from their own eyes - I.O though supported prosecution case, but he has not stated anything conclusive - Evidence of PW2/neighbour of accused shows that he reached house of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg heroin - Non-compliance of provision of S.50 of the Act - Prosecution failed to prove and did not bring on record as to which of witnesses had explained right to accused u/s 50 of the Act - Provision of S.50 of the Act not complied with...........
