Showing : 11-20 of 32 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Second application - First application rejected on technical ground because examination-in-chief of PW1 was not recorded by that time - Second application, filed after completing cross-examination of PW1, is permissible and not barred - Application rightly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 364, 302-- Kidnapping & murder - Deceased left her house for college and admitted in injured condition by accused - Eye witness improved his version in cross examination and admits that he had not seen the accused - PW1 admitted that he had not seen her daughter abducted by accused nor he witnessed accused..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 42-- Recovery of contraband - Conviction - Validity - PW1, during his cross examination, stated that incident was neither informed to higher officers by him nor Daroga jee passed on secret information to higher officers - As per statements of PW1 & PW2 and contents of FIR, weighing scale was taken from..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 2-- Examination of witnesses - Denial of - Validity - Prayer for tendering affidavits of witnesses declined - Trial Court granted last opportunity to examine remaining evidence - Defendant No.2 literally tried to exhaust plaintiff by cross-examining her attorney PW1 in parts and on a number of..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Accused summoned u/s 319 Cr.P.C. has to be jointly tried with other co-accused and trial Court is not justified in separating the case of revisionist and deciding the case of rest of the accused - Moreover, statement of PW1 in cross-examination ruling out the involvement of..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311, 482-- Recall of prosecution witnesses for cross-examination - Sought three years after examination of PW1 and PW5 - Merely because it may cause prejudice to prosecution even then right of cross-examination cannot be denied to petitioner - Application allowed...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Presence at the place of occurrence -- Some of the admitted facts which were introduced through cross examination of PW1 probabilised as if the witnesses had not been working together - Moreover PW2 stated that he had never given any statement to the IO - Held, evidence of PW2 makes his evidence completely inadmissible...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302-- Murder - Oral dying declaration made to PWs 1 to 3 - PW1 stated in cross examination that deceased was found unconscious when he reached at the scene of occurrence and unconsciousness continued until he died - PW3 stated that deceased was talking always - Held, two contrary statements create a..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Will -- Suspicious circumstances - Certain questions were put to PW1 during his cross-examination as regards position of signatures of testatrix in Will - In Will in Page No.4, unlike other pages type writing comes till end of paper and signature of testatrix is found in a small space - At end of Will,..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302,149,147,148,450, Evidence Act, 1872, Section 3,118-- Appellant convicted on the testimony of three eyewitnesses - Appeal - PW2 was child witness and Court itself stated that she lacks power of understanding because of her childhood - Presence of PW1 at the time of incident was doubtful as he himself admitted in his cross examination that he used to..........

Showing : 11-20 of 32 Results