Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
Evidence Act, 1872, Section 45 -- Expert opinion - Documents in question sought to be examined from handwriting expert was sought after 10 years from its execution - If plaintiff disputes genuineness of subject documents, it is for defendants to establish the plea taken by them in their written statement as to execution of said documents by plaintiffs by leading cogent..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Murder case - Extra judicial confession is a weak piece of evidence and unless there is some corroboration, conviction solely on the basis of extra judicial confession could not be sustained...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - PW7 turned hostile - Alleged recovery of incriminating material recovered at the instance of accused rejected by trial Court - As regarding extra judicial confession made by PW4, same being weak piece of evidence, cannot be relied upon unless there is some corroboration - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Acid attack - Injured sustained burn injuries on the face as per evidence of PW1 and PW2 coupled with medical evidence - Glass bottle filled with acid was used as weapon of offence and/or substance which is deleterious to human body - Ingredients of S.326 IPC are made out - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376(2)(1), 323, 506 -- Rape - False promise of marriage - Prosecution failed to prove that accused had ever cheated prosecutrix by not disclosing that he was married - It was a mutual relationship between parties - FIR got registered against accused when said relationship became sour - No medical evidence was led to show that prosecutrix..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Main accused fled after the incident to Pakistan with the assistance of present accused persons - Accused were involved in disappearance of evidence, as blood stained gunny bag/bori was found at the instance of accused - Even, weapon of offence also recovered at the instance of accused - Accused rightly..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness of incident who filed complaint has not stated about involvement of accused in particular - Overt act against each person is not mentioned but same is improved in his evidence as PW1 - It is not clear as to who has beaten deceased with stick and on which part of body of deceased causing grievous hurt leading..........
Evidence Act, 1872, Section 3 -- Post mortem report - By itself is not substantive evidence...........
Evidence Act, 1872, Section 3, 157, 159, 145 -- Post mortem report by itself is not substantive evidence - Doctor's statement in Court is alone the substantive evidence - Post mortem report can be used only to corroborate statement of doctor u/s 157, or to refresh his memory u/s 159 or to contradict his statement in witness box u/s 145 of Evidence Act...........
