Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Unlawful assembly - Inconsistencies found in testimonies of PWs regarding role of accused in commission of crime - Involvement of accused as a member of unlawful assembly is doubtful - FIR lodged after delay of 4 days - Accused roped in the crime, due to inimical relationship between parties which clearly emanates..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Abduction and murder - Separate and distinct offence - Time and place of occurrence of two incidents are different - Number of accused involved in incidents is different - Even, there is no continuity of action gathered from sequence of events - Moreover, it is evident that unity of purpose and design between two offences..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Abduction and murder - Separate and distinct offence - Merely because there is common motive, second offence cannot be said to be in continuation of first incident especially when there being distinct intentions behind two offences...........
Indian Penal Code, 1860, Section 302 -- Murder - Absence of DNA evidence - Does not lead to adverse inference against party, especially in presence of other cogent and reliable evidence on record in favour of such party...........
Indian Penal Code, 1860, Section 302 -- Murder - Superimposition test - Cannot be taken as conclusive test for identification of dead body because said test by itself may not conclusively establish identification...........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 27 -- Abduction and murder - Confession - Actual recovery of body happened before accused lead to police to the scene - Said fact does not negate validity of recovery based on confession in terms of S.27 of Evidence Act...........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 114 -- Abduction and murder - Last seen together - Presumption - Failure on part of accused to furnish any explanation or furnishing false explanation with regard to last seen together - Draws strong presumption against accused and in favour of his guilt and would provide additional link in chain..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Abduction and murder - Circumstantial evidence - Evidence of PWs1 & 2 with regard to motive for commission of offence, last seen circumstances, recovery and identification of dead body is consistent with case of prosecution - There is no embellishment or exaggeration in evidence of these..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - PW1/brother of deceased stated that there was a case pending regarding beating incident between parties u/s 107 IPC - He explained the entire incident and nothing brought in cross-examination as to doubt the version given by witness that is medically corroborated also and substantially..........
