Indian Penal Code, 1860, Section 302, 307, 452, 34 -- Murder - Appeal against conviction - Eye-witness, mother of deceased to incident is important eye-witness as she herself is injured by fire shot of accused when trying to cover deceased - Testimony of eye-witness is duly corroborated by statement of informant and also supported by medical evidence - Presence of all..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Two dying declarations - One before police and other before Magistrate - No material difference between two - Medical evidence clearly supports the eye-witness account - Deceased had 13 injuries on his person most of them incised wounds which could have been caused with a cutting weapon - Presence of PWs 1 & 3,..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence of relation witnesses - Murder allegedly took place at night at 1.30 a.m. in the house of deceased - Occurrence witnessed by wife of deceased - Held, wife of deceased was natural witness who could be present at midnight in the house - No other witness can be expected in..........
Departmental Enquiry -- Punishment order - Principles of natural justice - Defence witness - Examination of witness - Request of petitioner - delinquent declined - The said witness an essential witness - Petitioner held to have not got fair opportunity to defend himself - His request for examining witness was unfairly declined even though the inquiry was still in progress..........
Indian Penal Code, 1860, Section 304 -- Part II - Accused sitting in his pan shop where victim and her mother arrived - As a result of some talk between them, quarrel ensued and consequently accused used scissor which was readily available in the pan shop and assaulted victim on her chest - Prosecution version corroborated by independent and natural eye witness whose..........
Evidence Act, 1872, Section 3 -- Interested witness and related witness - Meaning - `Related' is not equivalent to `Interested' - A witness may be called `Interested' only when he/she derives some benefit from the result of litigation - A witness who is a natural one and is the only possible eye witness in the circumstances of the case cannot be said to be interested -..........
Indian Penal Code, 1860, Section 302, 307 -- Husband allegedly committed murder of wife and son by inflicting knife injuries - Informant also son - Statement of the eye witness credible - Eye witnesses were natural and most probable - Presence of other persons at the place of occurrence immediately after the commission of crime also probable - Held, issue of motive become..........
Witness -- Non examination of some of the witnesses mentioned in FIR is not fatal when prosecution case is proved from the testimony of natural witnesses and their testimony is found wholly reliable...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Proof - For drawing presumption of adoption, deed must be made and signed by both the parties - It should be bilateral document - Deed when signed in the form of acknowledgement then mere signature by natural guardians as witness thereon does not make the deed executed by both the parents...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Witness arriving at the scene in search of deceased exactly at the time of incident - Cannot be said to be natural and probable - Witness is to be termed as chance witness - Not safe to convict accused on evidence of a chance witness...........
