Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of immovable property - Complete details given in plaint - However, earlier incorrect measurement was given on basis of report prepared by Draftsman but during trial stage itself, application bearing correct dimensions of site plan filed - Dismissal of application - Order set aside - Application filed by petitioner..........
Indian Penal Code, 1860, Section 376 -- Rape of 11 years old minor girl - Merely because spot of arrest of accused was not shown in the site plan, it does not adversely affect prosecution case, as it is the mistake of I.O. - Moreover, said discrepancy is of minor nature and it does not go to the root of matter...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Place of occurrence - Non-collection of blood stained earth - Accused pleaded that there was contradiction regarding place of occurrence - Plea rejected as statement of PWs and I.O corroborate the fact that deceased was beaten at the place shown in site plan - Non-taking of blood stained earth from the place of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21, 23 -- Recovery of smack/heroin - Defective investigation - Prosecution failed to explain as to why cellular evidence was not brought on record - No investigation was carried out to find out if accused persons hatched criminal conspiracy - Prosecution even failed to collect any evidence as to A-2 being..........
Criminal trial -- Faulty investigation - Non-collection of CCTV footage, incomplete site plan, no, inclusion of all records and sim details of mobile phone seized from accused cannot be said to be mere instances of faulty investigation but amount to withholding of best evidence as it is not case of prosecution that CCTV footage cannot be lifted or a CD copy cannot be made..........
Seeking directions to implement the decision -- Regarding the site for setting up a sewerage treatment plant - Petitioners alleged to have raised construction without sanction of building plans in area reserved in the Master plan for sewerage treatment plant - Shamlat land owned by Nagar Panchayat cannot be used for Public utilities as per Master plan finalized - Held,..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Source of light - Complainant stated that in the light of torch and bulb he identified the accused persons very well - Torch has been produced before Court but place of bulb not shown in site plan - In absence of electric supply bulb may be lighted with battery and inverter or generator - Nothing on record to..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Investigation may not be said to be defective merely on ground that Investigating Officer has not shown place in site plan from where witnesses have seen occurrence...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Investigating Officer of case not examined - Site plan of place of occurrence and other important documents remained unproved - No other witness examined by prosecution except one PW2 who was sitting behind the driver's seat with his face backwards and that being so, he cannot be accepted to have..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Appeal against conviction - Accused acquitted as (1) the informant, deceased and witnesses were sitting together but except deceased nobody else sustained any injury; (2) Neither the van nor the weapon could be recovered by the IO; (3) Oscular testimony is irreconcilably contradicted by medical evidence; (4) Two..........
