Showing : 1-10 of 94 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302-- Oral dying declaration - Murder - Allegation against niece of deceased - Oral dying declaration of deceased recorded before PW2, PW3, PW4 and others - Said declaration is clearly an afterthought, inasmuch as same was brought up before trial Court for first time - PWs not made any statement..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 304(Part II)-- Confession before registration of an offence - Offence u/s 304(Part II) IPC - Accused visited police station and narrated incident to police that she assaulted her husband - Statement of accused led to discovery of a fact that her husband had died in the house due to injury - Onus of prosecution..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29-- Recovery of 12.5 kg Tramadol powder - Petitioners implicated only on the basis of disclosure statement made by co-accused, which is hit by S.25 of Evidence Act - Moreover, said disclosure statement made by co-accused did not lead any discovery of fact - Even while allowing remand of petitioners no..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part I)-- Culpable homicide not amounting to murder - PW1 is an eye witness of incident - However, PW1 has given a general and omnibus statement about assault upon deceased as well as to himself by accused, which is not even duly corroborated by medical evidence - Neither deceased nor PW1 had any injury..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration recorded by independent person, who is neither a relative nor a friend nor interested in deposing against the accused, there should be no hesitation in accepting his version on the aspects that - (a) the declarant had an opportunity to observe and identify the assailant, (b) the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Evidence Act, 1872, Section 27-- Disclosure statement - Recovery of 180 gms brown sugar - Discovery made from co-accused as such cannot be construed as a disclosure leading to discovery of any incriminating material - At the best such information can be construed as an information about commission of offence or statement by a..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 24-- Extra judicial confession - Merely because signature of police is on top of left corner of confessional statement of accused, Court cannot throw away such statement, particularly when said signature was put by Inspector of police only as an acknowledgment for receipt of confessional statement from..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27-- Murder - Disclosure statement - Recovery of weapon of offence (axe) at the instance of accused after 8 days of occurrence from an open space accessible to anybody, raises a serious doubt veracity of prosecution case, particularly, when PWs already seen the weapon lying near dead body of deceased -..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20-- Recovery of 1 kg heroine - Search of accused made after giving him an offer of search by some gazetted officer and it was only after taking his written consent - Place of occurrence was vacant plot and time of recovery was early morning - Statement of PWs that attempt was made to associate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302-- Statement of DW1 an eye witness - Murder case - DW1 made an all out effort to save accused rather than stating truth - He denied having affixed his thumb impression on any memo pertaining to taking into possession blood stained soil, mattress, khes by police which bears his thumb impression along..........

Showing : 1-10 of 94 Results