Showing : 71-80 of 409 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Domestic violence - No specific allegation of beatings given by husband or his family members except bald statement of wife that she was maltreated - Father of complainant not stated anything regarding maltreatment meted out to his daughter - Even there is no independent witness from locality to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c)-- Recovery of 115 kg poppy husk - Chance recovery - I.O had no opportunity or time to call independent witness to join investigation - Testimonies of official witnesses also carries same evidentiary value and their testimonies cannot be discarded merely on the ground of their official designation -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Testimony of interested witnesses - Long standing property dispute between parties - Most of PWs are interested witnesses and holding grudge against accused due to property dispute - Incident occurred in day light but no attempt was made by any of eye witnesses or villagers to catch hold..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 149-- Murder - Testimony of eye witnesses - Eye witnesses assigned role of all accused of causing injuries in their statements - Independent witnesses also proved incident and role of accused - Mere fact that there are certain inconsistencies with regard to manner of causing injuries as deposed by..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 7 kg charas - Material contradictions in the testimony of complainant and official witness PW4 regarding search and seizure of contraband - Failing to associate independent witness in such situation creates dent in the prosecution case - High Court failed to appreciate the recovery of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 342, 143, 147, 148, 149-- Murder - Evidence of PWs not cogent and trustworthy to form basis to convict accused - Admittedly incident occurred in the midst of several persons and in the presence of police personnel - But nothing on record to show that any police personnel was examined or they have played any role in..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Offence u/ss 323, 504, IPC and S.3(1)(x) of SC/ST Act - Delay of 7 days in lodging FIR not explained by prosecution - Nature of superficial injuries on the mother of first informant, which were opined to be one week old, not produced in evidence - None of independent witness or villager who..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 498A-- Murder - Cruelty - Accused convicted primarily on the evidence of parents of deceased - However, there is no evidence from any independent witness that parents of deceased were searching of their missing daughter from the date when she was last seen with accused till the date of recovery of dead..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 27-- Disclosure statement - There is no requirement that information given by an accused to I.O u/s 27 of the Act leading to discovery of a relevant fact should bear attestation by independent witnesses, as presence of witness at the time of investigation is absolutely impermissible, as it would breach..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C)-- Recovery of 21 kg ganja - Search and seizure - Contraband articles were not shown during trial for identification - Even no such contraband produced before Gazetted Officer or I.O for identification - PW5, who made search and seizure of case, admitted that there was no label on gunny bag..........

Showing : 71-80 of 409 Results