Showing : 41-50 of 70 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54, Criminal Procedure Code, 1973, Section 100-- Opium - Recovery of 111 Kg. from dickey of car in which two accused were travelling - Independent witness not joined at the time of effecting alleged recovery - Held, merely non joining of independent witness will not render the statements of prosecution witnesses unreliable - If the evidence on..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 24-- Extra judicial confession - Reliability - Accused allegedly made confession before witness - Evidence showing that there was enmity between said witness and accused because of land dispute - Both accused and witness were inimical towards each other as they belong to two rival political parties -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Eye witness-- Evidence of an eye witness cannot be rejected only on the ground that enmity exists between the parties...........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 376, 34, Criminal Procedure Code, 1973, Section 157-- Rape - Prosecution witnesses belonged to same family - Enmity was going on between the prosecution witnesses and the accused - The only independent witness examined declined to support the prosecution story - FIR recorded after 24 hours thus giving ample time to the police to create case - Copy of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Relative witness-- Merely because a witness is close relative of the deceased he does not become an interested witness - Interested witness is one who is interested in securing conviction of a person out of vengeance or enmity or due to disputes relating to the properties...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 30 Kg. - Independent witness joined by police appeared as defence witness and stated that no recovery was effected from the accused - SI and HC examined as PW's having no enmity with the accused - Their testimonies inspire confidence and same free from blemish of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Withdrawal from testimony - Long history of enmity between the families of complainant and accused - At least seven persons from both sides murdered - Parties entering into compromise with intervention of 40 village Panchayats - Application to recall witness allowed for..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 148, 149, 452, 302-- Seven accused entered the house of informant at night armed with country made pistols and licensed guns and caused death of deceased by firing shots at him - Trial Court convicted all of them - In appeal High Court found only appellant guilty of firing a shot at the deceased - Appeal against..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Evidence Act, 1872, Section 27-- Murder - Recovery of weapon of offence at the instance of assailants - Recovery witnessed only by the son of deceased who was the only eye witness of the alleged offence - Held, non joining of independent witness will not vitiate recovery - People in the villages normally are hesitant to join the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Recovery of - Non joining of independent witness on account of non availability - Evidence of official witnesses, cannot be disbelieved and distrusted merely on account of their official status - Neither any enmity alleged not proved against official witnesses - Evidence of official..........

Showing : 41-50 of 70 Results