Evidence Act, 1872, Section 3 -- Witnesses - Non-examination of all or every witness is immaterial, so long as prosecution case can withstand the test of proof beyond doubt...........
Indian Penal Code, 1860, Section 326, 323, 452 -- Offence u/ss 326, 323, 452 IPC - Complainant and other two eye witnesses consistently accusing accused `B' for murder of deceased and accused `A' for grievously hurting injured - Ocular version of these witnesses is duly corroborated by medical evidence on record - Accused `A' thus, rightly convicted u/ss 326, 323, 452 IPC...........
Evidence Act, 1872, Section 32 -- Dying declaration not reliable for the reasons : (i) Narration of events in the dying declaration is so accurate, that even a witness in the normal state of mind, cannot be expected to depose with such precision; (ii) Injured victim was an illiterate old person and it appears beyond human probabilities that she would have been able to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Place of Incident - Incident in question not disputed by accused - Place of occurrence of incident has been established and proved by prosecution - Accused failed to lead any evidence that incident had occurred near the door of house of one of accused - Place of recovery of dead body and recovery of blood stained etc. is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Specific role attributed to accused and he was specifically named in FIR - Testimony of PW4/eye witness is trustworthy and reliable - Defence of accused is not probable - Incident in question not disputed by accused - Non-examination of independent witnesses not fatal to prosecution case - No evidence led to prove false..........
Indian Penal Code, 1860, Section 302, 326, 324, 34 -- Murder - Prior enmity between parties - Accused gave blows with axe and knife to deceased, consequently he died - Testimony of injured witnesses who were with deceased on the day of incident is quite natural and trustworthy - Though incident happened in the night but there was source of light, as headlight of vehicle..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Evidence on record does not establish that offence of rape was committed on the ground that such person is a member of a SC or ST - Conviction and sentence u/s 3(2)(v) of the Act held, set aside...........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 118 -- Murder - Chance witness - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Presence of witnesses near place of occurrence was natural and their testimony of crime was cogent and consistent - Courts below erred in not..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Husband being unhappy with wife hatched conspiracy with his brother and father, eventually murdering deceased - Husband may not be having a cordial relation with deceased but that itself not sufficient to hold with certainty that killing her was only..........
