Constitution of India, 1950, Article 134, 136, Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, Section 2 -- Appellate Jurisdiction of Supreme Court in regard to criminal matters - Scope and width of - Court would not interfere with concurrent finding of fact based on pure appreciation of evidence nor it is scope of these appeals that this Court..........
Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 24 -- Murder - Robbery - Circumstantial evidence - Extra judicial confession - Accused gave extra judicial confession before PW6 - However, trial Court rejected said extra judicial confession on the ground that complainant had seen the accused in police station one day prior to said confession - Case of..........
Indian Penal Code, 1860, Section 302, 397 -- Murder - Robbery - Circumstantial evidence - Recovery of gold jewels of deceased from house of accused - Evidence of recovery witness was disbelieved by trial court by giving cogent reasons - Even according to recovery witness accused were with him on the date of incident and therefore recovery is vitiated - Accused rightly..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380, 467, 468, 471 -- Anticipatory bail - Offence u/ss 380, 467, 468, 471 IPC - Petitioner had stolen cheque book from office of her son and misused the cheque book - Petitioner filed a complaint u/s 138 of the Act - Issue as to whether cheque has been duly executed or not is a matter which is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B -- Anticipatory bail - Cheating - Entire case is based on documentary evidence - Moreover, loan has already been repaid by main co-accused - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 304, 323, 504, 506, 147, 114 -- Offence u/ss 304, 323, 504, 506, 147, 114 IPC - Accused were nominated by informant of having assaulted PW1 and his grandfather - Deceased succumbed to injuries caused by lathi danda - Injuries were duly corroborated by medical evidence - Fatal injury on head of deceased caused his death on subsequent day of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought by plaintiff is contradictory in nature as compared to original plaint - Plaintiff by way of proposed amendments was making out a case which he should have made out in the first place while filing plaint and now suit was at the stage of taking of evidence - If amendment of plaint is..........
Indian Penal Code, 1860, Section 376, 450, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Victim girl specifically stated that accused forcibly entered her house in absence of her mother, gagged her mouth and committed forcible sexual intercourse and somehow she was able to escape from clutches of accused - Said fact is corroborated by sister..........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity - Child filed a suit for declaration that she is born from the relationship of defendant Nos.1 and 2 - Defendant No.1 not refused to undergo DNA test - Defendant No.1 directed to undergo DNA test...........
Evidence Act, 1872, Section 3 -- Related witness - Eye witness account of related witnesses cannot be rejected merely on the ground that they are relatives of deceased...........
