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1 - 10 of 36 (0.49 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Penal Code, 1860
K. Chinnaswamy Reddy vs State Of Andhra Pradesh on 25 July, 1962
(See Chinnaswany
Reddy Vs. State of Andhra Pradesh AIR 1962 SC 1788)
Therefore, in the light of the above legal proposition, the part of the
alleged confessional statement of the accused given during custody of
police to the investigating officer Inspector C. K. Sharma that she killed her
husband with a gandasa is not admissible as it is hit by Section 26 of the
Indian Evidence Act. However, the part of the disclosure statement which
lead to discovery of fact that the gandasa was lying in the field behind the
house where the deceased was murdered is admissible. The accused has
got recovered 'gandasa' Ex.P1 sketch of which is Ex.PW6/C, in police
custody vide seizure memo Ex.PW6/D. The contention on behalf of the
accused is that since the gandasa was recovered from open field the
recovery of gandasa at the instance of accused has no effect.
Section 26 in The Indian Evidence Act, 1872 [Entire Act]
Murugan & Anr vs State By Pub.Prosecutor, Tamil Nadu ... on 30 September, 2008
RECOVERY OF BLOOD STAINED CLOTHES OF ACCUSED:
(C)
(CI)
The accused has got recovered her petticoat and blouse ExP2 and
ExP3 vide memo Ex.Pw6/E while she was in custody of police from the
room where the deceased was killed and these clothes were on the string
in the room by stating that these clothes were worn by her at the time of
incident. So she had hidden these clothes under the other clothes after the
incident. These blood stained clothes were got recovered by accused from
the tenanted room on 01/07/06 and since the room was in her possession
and not accessible to general public, the petticoat and blouse Ex.P2 and
Ex.P3 shall be deemed to be recovered from her possession. The other
blood stained articles one towel, one cream colour gamcha, one loi, one
pillow, one gudri and one mat Ex.PW18/P1 to Ex.PW18/P6 have already
been recovered by the police from the room vide memo Ex. PW18/A.
In Murugan v. State of Tamil Nadu 2008 X AD (SC) 502, the Apex
Court has observed as follows:
P.H. Raghuram, N. Ravikumar, S. ... vs The State Of Tamil Nadu, Represented By ... on 10 October, 2002
Therefore, Lakshmi Jani's case (supra) does not
help the accused.
Sattatiya @ Satish Rajanna Kartalla vs State Of Maharashtra on 16 January, 2008
Therefore, Sattatiya @
Satish Rajanna's case (supra) does not help the accused.
Yogesh Karki (Chettri) vs State Of Sikkim on 6 September, 2005
The failure of the accused to explain the circumstances in which he
parted company with the deceased may well serve as additional link in the
chain of circumstances thereby fortifying the prosecution case. (See Yogesh
Karki v. State of Sikkim 2006 Cr LJ 509 (Sikkim) (DB). Silence of inmates
of the house about cause of the death of the victim, would become additional
link in chain of circumstances.