Will -- Proof - Testatrix under undue influence of beneficiaries - Will, held, shrouded by suspicious circumstances...........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Complainant stated that accused gave him danda blow, as a result of which his tooth was broken and he sustained injury on his left arm and wrist - He also stated that blood oozed out of his mouth and there was swelling on his mouth and he could not eat food for 15 days - However, medical officer did not notice..........
Will -- Proof - Will executed in 1980 by Testatrix/Survivor of earlier Will in favour of defendant nos.4 & 5 is not proved, as she was not in a sound and disposing state of mind at the time of executing Will - Several suspicious circumstances and discrepancies were noticed by Trial Court in Will, which is not removed by defendants - Will held, not proved...........
Will -- Suspicious circumstances - Attesting witness throughout maintained that testator signed the Will in the presence of attesting witnesses and thereafter attesting witnesses signed in the presence of testator - No inconsistency in the statement of attesting witness except in one part where order of signing Will by attesting witnesses did not match with his earlier..........
Will -- Suspicious circumstances - Recitals in Will appears to more intended to save adoption and settlement deeds, than to bequeath share of testator to legatees - Even, Will does not contain any recitals to the effect that it was read over and explained to her and she affixed her thumb impression after understanding contents of documents - Moreover, Will recites that..........
Will -- Suspicious circumstances - Contradictions in the statement of DW2 and DW3 and other circumstances also there which creates serious doubt - Testator signed the Will in his nick name - Nothing mentioned as to whether Will was registered or not - Even there is contradiction in the statement of DW2 and DW3 as to place of execution of Will - No evidence on record that..........
Indian Penal Code, 1860, Section 392, 302 -- Robbery - Murder - Circumstantial evidence - Last seen evidence - Accused were seen by PWs in the vicinity of neighborhood in the morning of day of incident - Last seen theory built up on the evidence of PW5 and PW7 leaves a significant margin of time during which crime could have been committed by somebody other than accused -..........
Indian Penal Code, 1860, Section 302, 201 -- Double murder case - Circumstantial evidence - Accused committed murder of his wife and daughter, as there was serious dispute between spouses as to extra marital affair of accused - He was last seen in the company of both the deceased and dead bodies were recovered on the very next day - Accused informed PWs that he along with..........
Will -- Suspicious circumstances - Testator died within short span of period from the date of execution of Will - Further, the hurried manner in which testator was taken to hospital in a car to register the two documents one for cancellation of settlement and another for registration of Will, with the help of third parties, creates serious doubt about the execution of..........
Will -- Execution - Suspicious circumstances - Burden of proof - Once execution and attestation is proved as per law, burden shifts to other side to prove suspicious circumstances...........
