Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per prosecution version husband of deceased was having an affair with another lady and caused death of deceased with rope and then hanged her with Dupatta - As per evidence on record there is no eye-witness to said incident - Medical evidence does not..........
Indian Penal Code, 1860, Section 304B, 302, 201, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - One of the brother of deceased has clearly deposed that deceased died accidentally and that deceased has also informed him before her death that her husband and his family members had never demanded any dowry - Even , photographs reveal that at the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is a habitual offender and several cases pending against him - Crux of the charge against accused is that he entered into an conspiracy and in furtherance thereof, had eliminated a witness in an earlier case against him - Accused was in judicial custody on..........
Indian Penal Code, 1860, Section 302 -- Murder - Inquest report - Not necessary to mention name of accused in inquest report - However, when PW1 disclosed the name of accused in FIR and he himself was also a witness of inquest along with PW4, then natural conduct is that he should also tell the name of accused to I.O. - Such lapse creates doubt regarding prosecution case...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased attacked by `Phawra' and neck of deceased was beheaded from the body - Eye witnesses stated that accused ran away from the scene of occurrence along with `Phawra' and head of deceased - However, PW5 Inspector stated that only `Phawra' was recovered from accused and head of deceased was not recovered - Even in the..........
Indian Penal Code, 1860, Section 302, 404 -- Murder - Circumstantial evidence - Last seen evidence and arrest of accused - Accused convicted on mere surmises and on a mere suspicion - No evidence on record that accused was last seen alive in the company of accused - As regarding arrest of accused, there is no nexus between Motorcycle and a sum of Rs.1 lakh allegedly..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Death sentence awarded by Courts below - Circumstantial evidence - Allegation that accused committed murder of his wife and five daughters - Mother of the accused who was sleeping in another room, heard the cries - She entered the room of accused and saw the dead bodies and accused was lying..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Accused made confession before PW5 - Admittedly, PW5 was present not only at the time of cremation but also right from the day search was commenced after recovery of body, however, no information was given by him to the parents or to the police - PW5 kept mum..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of axe - Dead body of deceased recovered from forest hills, which was destroyed by animals - Axe was recovered at the spot but no blood was detected upon axe which is alleged to be recovered upon information given by accused - It cannot be said that prosecution proved its case on the..........
Indian Penal Code, 1860, Section 364, 376(2)(f), 302, 511, 201 -- Kidnapping, rape and murder of 7 years old girl - Circumstantial evidence - Accused kidnapped prosecutrix and after subjecting her to sexual abuse, throttled her to death - Medical report of prosecutrix supported prosecution case, as injuries were found on the body of prosecutrix - Prosecution proved that..........
