Showing : 61-70 of 129 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 3-- Appreciation of evidence - Victim brought to police station and his penis chopped off with razor by policemen - No eye witness except injured witness - Held, a police station is not public road or public place where people can see what is going on - It is hardly possible for there to be any..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Accused allegedly committed murder of his brother - Relations between accused and deceased were strained on account of land dispute - Wife and mother of deceased cited as eye witnesses - Mother appeared as witness in defence instead of prosecution witness - No independent witness joined -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 32-- Dying declaration - Evidentiary value - Held : (a) Dying declaration can be the sole basis of conviction if it inspires confidence of court - Rule requiring corroboration is merely rule of prudence; (b) Court should satisfy itself that deceased was in a fit state of mind at the time of making..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302-- Strangulation of wife within 12 months of marriage at matrimonial home - No eye witness of the occurrence - Husband to prove the fact as to how the wife died as that fact is specially within his knowledge - No explanation by the husband - Conviction upheld...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302-- Acquittal by High Court - Conclusions of High Court full of surmises and conjectures - No serious attempt made to analyse the evidence - FIR lodged promptly and accused specifically named therein - Medical evidence not at variance with ocular evidence - Hypothetical reason given by High Court..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 498A, 302, 34-- Death of wife in matrimonial home within one year four months of marriage - No eye witness - Medical report that death was due to asphyxia resulting from throttling which was ante mortem and homicidal in nature - Husband, mother-in-law and sister-in-law absconding after the incident - Conduct of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302-- Murder - Sole testimony of eye witness found trustworthy and reliable - Her presence at the spot proved - She knew the accused as they were residents of same locality - Minor contradictions in her cross examination is of no consequence - Conviction by trial Court and High Court, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 148, 323, 364, 302, 149-- Conviction - Solitary eye witness - There is no basis for his presence in the alleged occurrence - He did not disclose about the incident for 10 days to anybody - Held, that his silence was most unusual as he was closely related to deceased - Also the manner of assault was specifically detailed..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Eye witness-- Single eye witness - Accused can be convicted on the testimony of sole eye witness provided he is wholly reliable and that there was no legal impediment in convicting a person on the sole testimony of a single witness...........

Showing : 61-70 of 129 Results