Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 201, 34 -- Disclosure statement - Disclosure of room in Sarai where deceased was killed - A-1 volunteered to disclose the room in abandoned Sarai where deceased was killed - But there is no other statement corroborating fact of such disclosure - More so, if offence is committed in said Sarai, then blood..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - First circumstance of A1 pointing out place of murder of deceased - Evidence of Police Officials that place of murder of deceased was not in knowledge of police until A1 took police to spot - No valid ground to disbelieve testimony of..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - Last seen - Wife of deceased stated that when deceased was leaving house, deceased told her that he is going to residence of A1 - Deceased went to house of A1, sent his car back to his house and then went with A1 and attended rally in..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - Proximity between time of last seen of deceased with A1 and time of death - It is proved that deceased was last seen with A1 on 24.08.2002 - Post-mortem examination of deceased held on 31.08.2002 - Doctor who conducted post-mortem..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - Testimony of witnesses (wife of deceased and younger brother of deceased) have deposed that A1 gave misleading and false answers when they made enquiries from A1 about whereabouts of deceased - Held, A1 had given false explanation to..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - A1 conduct of visiting house of driver in late hours of night of date of incident - Held, conduct of attempting to establish contact with driver in late hours of day of incident, raises a strong suspicion against A1 and indicates an..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - A1 pointing out place of murder of deceased - Deceased went to house of A1, sent his car back to his house and then went with A1 and attended rally in afternoon and was not seen alive by anyone after such time - Doctor who conducted..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important is not in itself a sufficient ground for admitting that evidence in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where a party on whom onus of proving a certain point lies fails to discharge the onus, he is not entitled to a fresh opportunity to produce evidence, as Court can in such a case, pronounce judgment against him and does not require any additional evidence to enable it to pronounce..........
