Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 55, 50 -- Contraband - Recovery of Ganja more than 5 kgs. - Report of FCL (Forensic Science Laboratory) not tendered in evidence - Accused not examined on said report - Police personnel not deposing about said report - Independent witnesses not supporting prosecution story - No identification marks given on..........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Tooth bite on left arm - In the absence of any medical evidence or independent witnesses, the mere oral statement of husband and his own father that wife had once given a tooth bite on left arm of husband is not sufficient to prove the allegation - Petition dismissed...........
Independent witness -- Non examination - Double murder in town - Tension and fear psychosis prevailed - Not expected of any witness to come and depose about the witness - Evidence of related witnesses which is otherwise creditworthy cannot be discarded merely for the reason of non examination of independent witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Search - Recovery - Conviction - Compliance with S.50 of NDPS Act - Requirements of S.50 whether met is a question which is to be decided on the facts of each case and there cannot be any sweeping generalization and/or straitjacket formula - Search conducted by Gazetted Officer - Requirement of..........
Indian Penal Code, 1860, Section 201, 302 -- Murder - Circumstantial evidence - Recovery of several iron rods at instance of different accused - Blood not found on iron rod recovered at instance of accused B - Blood stains at two places on shirt - Blood of the same group as that of deceased but not proved that it was of blood group of accused N a woman and known to bleed -..........
Motive -- Previous enmity - Absence of independent witnesses - When there is clear evidence that accused came in a group to assault then evidence of eye witnesses cannot be discarded merely for the reason of previous enmity...........
Indian Penal Code, 1860, Section 302, 34 -- Assault by three accused with knife and lathies - PW1 son of deceased PW3 who was to appear as witness for deceased in Court on date of occurrence, claimed to be eye witnesses as they were following deceased at some distance - False implication could not be ruled because of enmity - Presence of PW1 appeared doubtful - PW1..........
Indian Penal Code, 1860, Section 395, 300 -- Dacoity and murder - Accused entered house of complainant in night, threw bomb and took away valuables - Evidence of witnesses quite reliable - Witnesses stated about lanterns burning in their respective houses in the light of which they were able to identify the two appellants, who were admittedly well known to them long before..........
Official witnesses -- Testimony of - Can be accepted even if it is not corroborated by independent witness - However, Court is required to be over cautious while appreciating the version of an official witness...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction by trial Court and acquittal by High Court - Complainant and accused having dispute over agricultural land - PW1 and his deceased son were in field - Deceased was sleeping under a tree after taking meal - Three accused caught hold of deceased and 4th accused cut the neck of deceased with gandasa - Informant PW1, an..........
