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...floating on 15-11-2012 and after completing all the formalities, as the death was found due to drowning, it was cremated on 17-11-2012.
3] Identification of body has...the deceased were given on supratnama after the identification of body was established on 03-12-2012 to the applicant. It is about three years back.
8] In this...( Per B.P. Dharmadhikari, J.) Heard.
2] The alleged missing of deceased from 12-11-2012 was reported for the first time on 29-11-2012. In the meanwhile, a body was found...
...recovery is trustworthy nor the identification of body because the body was found in decomposed condition, thus body could not be identified, hence looking to all these circumstances, petitioners are...evidence at this stage, thus Court may go in the question as to whether the identification of the body is proper or not as it is the subject matter of the trial. It is stated that in the post-mortem..., which was not found in the possession of anyone including the petitioners. It is stated that the only connecting evidence is the recovery of the dead body at the instance of the petitioners but neither...
...case, Dr. Bhullal (PW 2) proved the injuries of firearm on the forehead of the deceased which was fully corroborated by the other witnesses, the question of any doubt in identification of the dead ...finding. In the instant case as the dead body of Jaldhar had been identified by two fellow labourers and the medical evidence is same as that of ocular evidence and the dead body was found with the clothes which Ja...identification of the dead body may not be a trustworthy evidence and in such a case the DNA test may be required (vide Keshav v. State Of...
...the trial court viz. the identification of the body of Vadivelu. In spite of the same, it held from the rest of the circumstances that the prosecution has established its case against the appellan...learned counsel very strongly supported the finding of the High Court that the identification of the body found in Crime No. 141 of 1985 has not been proved to be that of the deceased Vadivelu. In...regard, they pointed out that the wife of the deceased had not mentioned the identification mark on the body of the deceased in the first instance, when her statement was recorded by the police...
...identification of the body merely on the basis of a superimposition test was improper, in the absence of a DNA test.17. Per contra, Shri Balaji Srinivasan, the learned Additi...the murder of her husband and led her to lodge a complaint regarding the same.34. PW 1 has also deposed about the identification of the clothes worn by the deceased at the time of l...from Accused 6. She has deposed about the exhumation of the dead body and her identification of the dead body based on the scar on the left side of her husband's waist. She has meticulously depose...
...report and as deposed before the Court by the witnesses.”18. In regard to the identification of the dead body, the learned Sessions Judge held that the dead...:“16. Undoubtedly, the identification of the body, cause of death and recovery of weapon with which the injury may have been inflicted on the deceased are some of...identification of the body and cause of the death.”35. In the instant case, however, some of the witnesses examined by the prosecution are independent. The...
.../Faizabad, whereby the informant was called upon for identification of body recovered on 23.07.2023 and thereafter on 28.07.2023 an FIR was lodged under Section 302, 201 I.P.C. and Section 3(2)(v) of...
Neutral Citation No. - 2024:AHC-LKO:33048
Court No. - 13 Case :- CRIMINAL APPEAL No. - 1056 of 2024
Appellant...:- Mohammad Kaleem
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another
Counsel for Appellant :- Vaibhav Srivastava,Vishnu...
...team reached the place of the occurrence and took photographs. After the identification of body, Jamal Sheikh presented an application stating therein that he is a resident of C-99, Basantpur colony...and 120B IPC, at Police Station Sarai Khawaja, Faridabad. The case of the prosecution is that on 1.7.2013, a telephonic information was received in the control room about a dead body found in the drain...near Basantpur colony. ASI Rajbir Singh, along with other police officials, rushed to the spot. The body was fished out from the drain and was identified by the residents of the area. The forensic...
..., Police Station Jharband (Orissa). In presence of Mangal Nayak (PW-11) & Chhatrapal Garg (PW-7), disclosure statement Ex.P-8 was recorded and dead body of Kuber was recovered from the byara - courtyard (an open place a...acquittal.
2. Dead body of Kuber was highly decomposed and it was not possible for any of the witnesses including Chhatrapal Garg (PW-7) to identify the dead body and in absence ...memorandum statement of the appellant from his byara (courtyard) in possession of the appellant was the dead body of Kuber, as such, the dead body has clearly been identified to be that of Kuber. ...
...actually lodged a complaint in the police station at Sampla. He also contended that the alleged identification of the dead body made by PWs 2, 3 and 4 cannot be accepted because of the discrepancies in...in regard to identification of the dead body. For this purpose, the prosecution has relied upon the evidence of PWs 3 and 4 according to the prosecution case, these witnesses were taken on 18-4-1993...inquest, has not supported this version of PW 4. PW 9 has specifically stated that he did not find any such dentures at the place where the dead body was found. So far as the identification of the dead ...
...identify them in the court after the lapse of a period of several months, during the course of the trial. Different parts of the body were found, and the identification of the dead ...basis of a mole on the leg of the body cannot be held to be proper identification by the father, as the dead body was recovered after a lapse of 3/4 days. Different parts of the ...no dispute regarding the identification of his body and its parts thereof, as has been referred to hereinabove. The recoveries of a shirt (MO 1), underwear (MO 2) and of a watch (MO 3), belonging to...
...identification of the dead body to be that of the deceased, cannot be accepted.7. The postcard which was purported to have been recovered was not marked as an exhibit...has been made in regard to the time of death as also the identification of a dead body. According to Cox, even a depressed skull fracture may be seen due to damage long after death, from the pressure of..., however, acquitted.6. Only a skeleton was recovered. Moot question, therefore, is as to whether within a period of 4-5 days, a dead body could be skeletonised. There is nothing on...
...contentions. His main contention is that there is no direct evidence in the case. He further submitted that there is substantial contradiction in the matter of identification of the dead body. He also....12. Dealing with the question of identification of the dead body, we find that the High Court concluded that there was positive evidence of identification, not on...girl and thereafter the body was cremated. In view of such clear finding based on the materials on record, we do not find that there is any inconsistency in the evidence about the identification of the dead ...
...suggested to him that the dead body found was not that of the deceased. The body of the deceased was also identified by another co-villager and also by the son of the deceased. In these circumstances, ther...dead body three days after the occurrence. This is rather an unfortunate case where the appellants sought to hit upon a pre-conceived plan to do away with the life of the deceased animated by rancour...on the body. The body was, however, in a bloated condition. Subsequently proceedings for inquest under Section 174 of the Code of Criminal Procedure were taken and after the usual investigation a...
...perusal of the spot panchanama, inquest panchanama, statement of complainant, identification of dead body of late Mangalsingh Parihar and incident of his death has been categorically esta...page 37. Inquest panchnama & Spot panchnama and identification of body by complainant as per circumstantial evidence is the conclusive proof of death of husband of complainant. The D. N. A. re..., as per post mortem report dated 27/06/2014, the Age, Sex and Cause of death of the UNKNOWN PERSON, in respect of whom only on some parts of the dead body, post mortem was conducted, could not be...
...till date, only 14 witnesses out of 75 witnesses have been examined and also the fact that for the purpose of identification of body, which was recovered in pieces, the D.N.A has not been obtained..., a body was recovered in pieces adjacent to Shaheed Path withing the jurisdiction of Police Station- S.G.P.G.I. Thereafter, the investigation with regard to same was carried out and on the basis of...the crime.
10. It is further stated that there is no report available with the prosecution to establish/prove the fact that the recovered body was the body of daughter of...
...respondent did not produce any evidence to disprove the identification of body as indicated in Final Report, nor produce any evidence to disprove other documents filed by the applicant. During the...Shri Ramesh Ram sustained serious injuries and had succumbed to his injuries on the spot. It is also alleged that the applicant reached the spot and identified the body of her husband and had also...received the dead body of her husband after postmortem for the purpose of cremation. She has given an application on 05.01.2010 to Rail PP/Bhabhua Road. Police had investigated the matter and had found...
.... Undoubtedly, the identification of the body, cause of death and recovery of weapon with which the injury may have been inflicted on the deceased are some of the important factors to be establish...the offence of murder. It would depend on the facts and circumstances of each case. A charge of murder may stand established against an accused even in the absence of identification of the ...committed by him, the appellant threw the dead body of Abdul Mabood in the canal.3. A report for the alleged commission of offences under Sections 406, 419, 420 and 365 IPC was...
...identification of the dead body to be that of Selvi from the ninji, “dayath” tied on the hand and from the key tied to the end of the saree. Only at his instance, the trunk was brought and the lock was..., clearly proved the discovery of a dead body. Identification of the dead body on the basis of the mangalsutra, saree as also the sliver ring on the toe of the deceased is not in dispute....any dead body or any other evidence with regard to the murder. A search was conducted for the dead body. On the bank of LBP canal dead body was found on 14-3-1997 which fell within the jurisdiction...
...-Exh. 12[7] Panchnama of seizure of bottles containing bloodstains-Exh. 13[8] Panchnana of identification of chappal of deceased-Exh. 14[9] Panchnam...scene of offence and saw the dead body. He made the inquest panchnama of the said dead body. The same is on the record vide Exh. 10. He then filed a complaint on behalf of the State and sent it along...ORAL JUDGMENT(Per: HONOURABLE MR. JUSTICE KS JHAVERI)1.0 The present appeal, under section 378 of the Code of Criminal Procedure, 1973...