Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 19 bundles of ganja - Non-compliance of provision of S.57 of the Act - No evidence on record that PW1 after arresting accused and seizing contraband articles from their vehicle within 48 hours next after such arrest or seizure had made a full report of all particulars to his immediate official..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 19 bundles of ganja - Quantity of contraband - Prosecution failed to prove the quantity of contraband - It is doubtful as to whether offence if any committed by accused u/s 20 of the Act, involves commercial quantity - Prosecution even failed to prove any reliable evidence that arrest, recovery..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation of desertion against wife not proved by husband - Rather, evidence on record shows that it was husband who deserted wife and compelled her to file a petition for seeking maintenance from him - Ground of desertion not proved - Divorce petition rightly dismissed...........
Evidence Act, 1872, Section 32 -- Dying declaration - In fact statement of a person, who cannot be called as witness and therefore, cannot be cross-examined - Such statements themselves are relevant facts in certain cases...........
Evidence Act, 1872, Section 32 -- Dying declaration - Sole evidence - If dying declaration recorded is in accordance with law, reliable and give a cogent and possible explanation of occurrence of events, then, dying declaration can certainly be relied upon by Court and can form sole piece of evidence resulting in conviction of accused...........
Indian Penal Code, 1860, Section 304, Evidence Act, 1872, Section 32 -- Offence u/s 304(Part I)PC - Dying declaration - Solitary evidence against accused - All eye witnesses to incident turned hostile - Only evidence against accused is dying deceleration of deceased - Deceased was fully conscious and in a position to understand situation at the time of recording dying..........
Indian Penal Code, 1860, Section 304, Evidence Act, 1872, Section 11 -- Offence u/s 304(Part I)PC - Plea of alibi - Accused examined DW1 and DW2 in order to prove plea of alibi - However, evidence of DW1 and DW2 neither inspires confidence nor same appears to be reliable - Accused failed to prove plea of alibi set up by him in defence by cogent evidence - Plea rejected...........
Indian Penal Code, 1860, Section 304(Part I).304(Part II) -- Nature of offence - Incident occurred in the heat of passion and on sudden provocation when his mother/deceased refused to abandon her paramour - No evidence on record proving that act of accused by which death of deceased was caused was done by him with intention of causing death or causing such bodily injury as..........
Indian Penal Code, 1860, Section 302, 328, 120B, Punjab Excise Act, 1914, Section 61(1)(a), Evidence Act, 1872, Section 7 -- Hooch tragedy - Consumption of poisonous liquor by hundreds of people - All victims, immediately after suffering the consequences of consuming liquor, made specific and categorical statement that they had purchased liquor from vends of accused - Such..........
Indian Penal Code, 1860, Section 302, 328, 120B, Punjab Excise Act, 1914, Section 61(1)(a) -- Hooch tragedy - Consumption of poisonous liquor by hundreds of people - Scores of them died and many more were rendered permanently blind - Direct evidence produced showing involvement of accused in commission of ghastly crime - Spurious liquor was purchased from shops of accused..........
