Search Results Page
Search Results
1 - 10 of 10 (0.30 seconds)Section 392 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Arjun Marik vs State Of Bihar on 2 March, 1994
90. In order that failure to prove the motive can be considered not fatal to
the prosecution, it must be shown that the other circumstances have been
clearly established by the prosecution. The correct legal position was
explained by the Supreme Court in Arjun Marik v. State of Bihar 1994
Supp (2) SCC 372 in the following words:
The Indian Penal Code, 1860
Sharad Birdhichand Sarda vs State Of Maharashtra on 17 July, 1984
In Sharad Birdhichand Sarda v. State
of Maharashtra 1984 (4) SCC 116, the Supreme Court explained that a case
Crl. A. Nos. 323 and 412 of 2018 Page 18 of 36
based on circumstantial evidence should satisfy the following tests:
Section 357A in The Code of Criminal Procedure, 1973 [Entire Act]
Ram Avtar Sharma & Ors. Etc vs State Of Haryana And Anr. Etc on 11 April, 1985
In Ram Avtar v. State 1985 Supp SCC 410, the Supreme Court
explained that:
Brijesh Mavi vs State Of Nct Of Delhi on 3 July, 2012
In Brajesh Mavi v. The State (2012) 7 SCC 45, the Supreme Court
explained:
State Of U.P. vs Shyam Bihari Pandey on 4 September, 2017
71. The Supreme Court in State of UP v. Shyam Bihari (JT 2009 (11) SC
274 explained the circumstance of 'last seen' as the "close proximity of place
and time between the event of accused having been last seen with the
deceased and the factum of death". That kind of an evidence is not available
Crl. A. Nos. 323 and 412 of 2018 Page 28 of 36
in the instant case. In the written submissions of the learned APP before this
Court again reliance is placed only on PWs 5 and 11 in support of the theory
of last seen.
1