Indian Penal Code, 1860, Section 300 -- Murder - Effect of non examination of injured witness - Accused last seen in the company of deceased near place of murder - Accused identified during Test Identification Parade - Accused got recovered blood stained shirt - Held, offence of murder stands proved - Non examination of injured witness not fatal to the prosecution case...........
Wrong provision of law -- Quoting wrong provision in the title of an application is never fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Case property - Search and seizure made in November 2004 and trial conducted in March 2005 - By that time some of the tags and/or labels might have disappeared because of mishandling - Not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Murder Delay in lodging FIR - Delay ipso facto not fatal if well explained - Kidnapping of child - It is natural for the father and other relatives to have first searched for her in neighborhood and the neighboring villages and in the relations, before reporting the matter to the police - Delay thus explained...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Non availability of FIR book - Importance of FIR Book cannot be under-estimated - However, in case the investigating agency is able to collect reasonable evidence against the accused persons and such evidence stands the scrutiny of the Court, then such a discrepancy is not fatal particularly when evidence of eye witnesses..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Nature of offence - Axe and darat blows on head given by two accused - Death due to injuries - Defence plea of acting in exercise of right of private defence - Defence plea probabilized which rules out the pre-meeting of minds of accused and they are liable for their individual acts - Only two of the accused caused fatal..........
Evidence Act, 1872, Section 3 -- Murder - Minor discrepancies - Bound to occur in the statement of witnesses when examined after considerable time as human memory is not infallible - Such discrepancies not fatal to the case...........
Indian Penal Code, 1860, Section 376, 377 -- Rape committed on minor aged 10 years - Delay of 3 days in lodging FIR - Held, offence of rape would be a stigma during the lifetime of victim - It is in these circumstances and taking into consideration the culture and effect on the reputation of the victim, that complainant was hesitant to approach the police immediately after..........
Evidence Act, 1872, Section 9 -- Test identification parade - Delay - Eye witnesses knew accused prior to incident though not aware about their names - Nothing in their depositions which could cast a doubt upon their truthfulness - Delay not fatal...........
Firearm -- Evidence of firearm helps to decide whether the given incidence is a case of murder, accident, killing in self defence or suicide; determine the sequence of events; verify versions; establish the number of directions, directions, ranges and the number of firearms; distinguish between real and fake incidence and ascertain whether the injury is fatal or non-vital...........
