Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Medical evidence - Post mortem report and statement of Doctor who conducted post mortem clinchingly prove that deceased suffered multiple gunshot wounds - About 40 pellets were recovered from body of deceased - All injuries were caused by firearms and were sufficient to cause death - Simply for..........
Indian Penal Code, 1860, Section 376(2)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Rape - Victim was minor on the date of incident - Evidence of victim gets due support from testimony of PW5 who is neighbour and had seen victim along with accused on the relevant day - Defence was unable to bring anything on record to discard the..........
Criminal trial -- Existence of a cross case does not constitute a ground to discard a complaint filed by opposite party on a rival version...........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Testimony of victim inspires full confidence - Despite her tender age, her evidence is natural, cogent and consistent and it bears stamp of truth - Her competency to depose was duly assessed by Court and she answered..........
Will -- Exclusion of natural heirs - Testatrix executed Will in favour of her brother-in-law - She gave reasons to exclude her three daughters by stating that they were not in good terms with her and two sons of testatrix had been disowned by testatrix - Due reasons have been given by testatrix so as to discard her Class I legal heirs - Will not surrounded by suspicious..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because in the medical evidence, there are no major injury marks, this cannot be a reason to discard the otherwise reliable evidence of prosecutrix - It is not necessary that in each and every case where rape is alleged there has to be an injury to the private parts of victim and it depends on..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Testimony of PWs 2 to 4 coupled with testimony of PW7 proved the offence committed by accused beyond all doubt - There is no material on record to discard the trustworthiness of PWs and there is no material to disbelieve the contents of documents on record - Rash and negligence on the part of petitioner..........
Will -- Proof - Will was attested by two attesting witnesses who had died when suit was tried - Signatures of two attesting witnesses were proved by their sons - Scribe also deposed as DW3 - Will is a registered Will - No suspicious circumstances surrounding the Will have been made out to discard the same - Will is proved...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Fight was amongst family members of A-2 - Deceased had come to the spot only to resolve the fight among family members of accused - There was no sudden and grave provocation due to any act on the part of deceased - Intention on the part of accused is proved, as he had gone back to the house to bring..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Identification in TIP during investigation is part of investigation and it is not substantive piece of evidence - Any irregularity committed during investigation cannot be said to be the sole ground to discard the prosecution case in its entirety if it is otherwise proved by other cogent and reliable..........
