Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession made by accused before Panchayat leading to recovery of dead body from remote forest area can be acted upon and made basis for conviction of accused - Place of recovery deep inside the forest and knowledge of it to accused raises a presumption u/s 106..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Accused confessed the murder of deceased before PW1, his mother and wife and throwing body of deceased in the well - However, mother and wife of PW1 were never examined as witnesses by prosecution - Confession was followed by two things arrest of..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused - Prime witness for proving the disclosure statement is PW1, whose testimony has failed to inspire confidence of Court in the light of contradictions, multiplicity of versions and material improvements - Other witness..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of various articles at the instance of accused - Dead body of deceased was found much prior to recording of Memorandum of accused u/s 27 of the Act - Therefore, only that part of statement which leads to recovery of dagger and rickshaw would be..........
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 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 376, 302, 201 -- Rape and murder of 7 years old girl - Circumstantial evidence - Last seen theory, arrest of accused, recovery of dead body, do not conclusively complete chain of evidence and establish the fact - Circumstantial evidence against accused does not conclusively establish guilt of accused in committing murder of deceased -..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of dead body of deceased - No confessional statement of A-3 was recorded u/s 27 of the Act with regard to recovery of dead body - Prosecution thus, failed to prove the circumstance that dead body of deceased was recovered at the instance..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Identification of rings worn by deceased - Naib Tehsildar has stated that at the time of recovery of dead body, she noticed that rings in the hand of deceased - However, neither father nor brother of deceased stated that seized rings belonged to deceased and they had seen the rings in the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused in an open place - Merely because dead body of deceased was recovered from an open place, it cannot be held that dead body of deceased was recovered at the instance of accused...........
