Criminal trial -- Solitary eye witness - Witness not stated in her statement u/s 161 Cr.P.C. that she saw accused dealing blows on deceased with sword - Such contradiction is substantial and material - Reliance upon evidence of such witness is not proper...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon of offence - Recovery witnesses have turned hostile and did not support prosecution case - Weapon of offence though recovered stained with blood but no opinion was given regarding existence of human blood on it or that blood of human origin of group..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - Eye witness is not reliable witness, as she has not stated in her statement u/s 161 Cr.P.C recorded by I.O that she saw accused was dealing blows on deceased by means of sword - Such contradiction appearing in her evidence with respect to her statement made u/s 161 Cr.P.C is substantial and..........
Indian Penal Code, 1860, Section 302 -- Murder of father by son - Wife of accused stated that accused came to her house in a drunken state which fact is corroborated by her son - Eye witnesses being inmates are natural witnesses to occurrence - Even though accused was in a drunken state, conduct of accused shows that he has intention to commit offence - Medical evidence..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs have not supported prosecution case - Circumstances relied upon in the case are not incriminating materials - Even, circumstances do not form a complete chain unerringly pointing towards guilt of accused - Since prosecution fails to discharge its burden - Session Judge erred in shifting burden to..........
Indian Penal Code, 1860, Section 302, 85 -- Murder - Plea of intoxication - Accused was not made to drink alcohol without his knowledge - Prosecution failed to show that accused consumed liquor without knowing the same or against his will - Plea rejected - Accused rightly convicted - However, since accused was not a habitual offender and incident occurred because of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of trade mark - Descriptive words used though are different but first word TASTY being common in products of both plaintiff and defendant - Prima facie, there are certain similarities between registered trade mark of plaintiff and mark being used by defendant - Plaintiff being a prior..........
Prevention of Corruption Act, 1988, Section 19 -- Patwari - Sanction for prosecution - Collector is the only competent authority for grant of sanction for prosecution of a patwari - However, prosecution has obtained sanction from Additional Secretary Law and Legislative Affairs Department - Sanction is thus, not a valid sanction for prosecution...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being a Patwari demanded bribe of Rs.250 from complainant for correction in relevant mutation record - However, there are material contradictions in statement of complainant and panch witnesses with regard to initial demand and trap also - Complainant and I.O stated that at..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Bail - Recovery of 950 gms charas - Accused is not having any criminal history - Keeping in view facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any..........
