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citations on demarcation & recovery

(Querist) 24 February 2009 This query is : Resolved 
R/All
I m representing the complainant in a murder case,case is based on circumstantial evidence bcoz there is no any eyewitness of the occurence,police had recover looted articles from the possession of accused further accused had demarcated the place of occurence,accused defence case is of total denial,accused had not explain how stolen articles were in their possession as police had recovered the same from the possession of accused,accused are silent on this point,,i want some citations on this point for complainant side to got convicted the accused,thanks case is fixed for tomorrow i.e 25/2/09

vinod bansal (Querist) 24 February 2009
plz enlighten on this issue

PALNITKAR V.V. (Expert) 25 February 2009
whether the articles have been identified by complainant as per procedure? Apart from that mere recovery of stolen articles from his possession is not sufficient to prove charge of murder.
PALNITKAR V.V. (Expert) 25 February 2009
whether the articles have been identified by complainant as per procedure? Apart from that mere recovery of stolen articles from his possession is not sufficient to prove charge of murder.
PALNITKAR V.V. (Expert) 25 February 2009
whether the articles have been identified by complainant as per procedure? Apart from that mere recovery of stolen articles from his possession is not sufficient to prove charge of murder.
PALNITKAR V.V. (Expert) 25 February 2009
whether the articles have been identified by complainant as per procedure? Apart from that mere recovery of stolen articles from his possession is not sufficient to prove charge of murder.
ARVIND JAIN (Expert) 25 February 2009
IT MAY BE PLANTED BY POLICE.
Guest (Expert) 25 February 2009
1. When recovery of stolen articles at the instance of the accused, whether the I.O. had taken proper procedure laid down in Cr.P.C. If answer is yes, some what you succeeded.

2. Case of circumstantial evidence is very troublesome to the prosecution. The chain of events led to murder has to be proved without any break and it has to be shown to the court none else except the accused could have done the murder.

3. As a complainant's counsel your role is, unfortunately limited and prosecution has the major role and you can assist the Prosecution with the permission of the hon'ble Court. But, remember, in the event of unsatisfied result in the trial court, you have a remedy in revision in the high court, even though there are certain limitations in this jurisdiction.

Prabhakar

karlprabhakar@gmail.com
Kamlesh soni (Expert) 26 February 2009
whether the articles have been identified by complainant as per procedure? Apart from that mere recovery of stolen articles from his possession is not sufficient to prove charge of murder.


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