FIRST LAW

The Indian Penal Code, 1860 – Section 302 – Murder - Voluntary provocation on the part of the offender cannot come to the rescue of the accused to claim that he is not liable to be convicted under Section 302 IPC.

Penal Code, 1860 - Ss. 363, 364A, 302, 201, 120B, 34 - Kidnapping & Murder - Ransom Calls - Investigation - Interception and CDRs - Arrests of the accused - Recoveries - Post mortem - Trial - Defence witnesses - Impugned judgment of the trial Court - Law relating to circumstantial evidence - Proving the ransom calls - Recovery of the SIM card - Recovery of the skeletal remains - Joint recovery inadmissible - Doubts concerning recovery of skeletal remains - Motive not proved - Conspiracy not proved - Homicidal death not proved - With so many links in the chain of circumstances not having been established by the prosecution it is difficult for the Court to conclude that it is the accused alone and no one else who abducted and murdered the child - Court grants benefit of doubt to the accused and acquits them of the aforementioned offences for which they have been charged - The impugned...

Penal Code, 1860 – Ss. 301 & 201 -  Motive - Circumstantial Evidence - deceased was seen alive in the company of appellant - appellant has confessed his crime and made a disclosure statement - recovery of shovel was not linked in commission of offence - The deceased was selling tea and refreshment and the possibility of shovel being in his shop is doubtful - The prosecution has failed to complete the chain in the present case from the very inception, the manner, in which, the deceased had died - Appeal is allowed - Judgment and order is set aside - appellant is acquitted by giving him the benefit of doubt.

Criminal Procedure Code, 1973 - Murder - Acquittal - Setting Aside - When two reasonable views are possible, then reversal of concurrent acquittal would not be appropriate.