Evidence Act, 1872, Section 3 -- Interested or related witnesses - Merely because witness is an interested or related witness, her deposition cannot be discarded - Deposition of such witness is required to be scrutinized closely...........
Evidence Act, 1872, Section 3 -- Interested witness - Merely because witnesses were related, that would not make them interested witness...........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Major discrepancies and contradictions found in statements of PWs - Thus, statements of PWs qua genesis of incident cannot be relied upon, as witnesses examined by prosecution are highly interested witnesses - Admittedly, place of occurrence was a busy..........
Evidence Act, 1872, Section 3 -- Interested/related witness - Where eye witnesses are interested witnesses being related to deceased it does not render their evidence suspect and all that is required in such cases is to carefully analyze the evidence - If after careful scrutiny, testimony of such an interested/related prosecution witness is found acceptable then it should..........
Indian Penal Code, 1860, Section 302, 307, 34, 100 -- Murder - Right of private defence - Incident took place in front of house of appellant when PW2/injured eye witness was returning from Talab after washing his body - As appellants saw accused `D' being assaulted, they in exercise of their right of private defence assaulted PW2 and all others who intervened - Therefore,..........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Investigating Officer who conducted investigation was not examined - Neither any piece of evidence was collected from the place of occurrence nor dead body of deceased was recovered - Except interested witnesses most of witnesses not supported the prosecution case and they turned hostile - There is no eye..........
Indian Penal Code, 1860, Section 458, 354 -- Offence u/ss 458, 354 IPC - Non-examination of independent witness - Incident occurred in the house of complainant surrounded by houses from all the sides - It is highly unlikely that on complainant having raised loud hue and cry, no one else except examined related and interested PWs, would have arrived at the place of..........
Evidence Act, 1872, Section 3 -- Relative/interested witnesses - Merely because the witnesses are near relatives and interested witnesses, their deposition cannot be discarded simply on that very ground - However, deposition of said witnesses requires to be scrutinized closely and carefully - If a witness is trustworthy, his version can be accepted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Contraband - Plea of non-association of independent witness - PW-1/panch witness associated in the search and seizure proceedings was serving in the Income Tax Department thus, it cannot be said that said witness was a stock witness of the NCB or was an interested witness - He in his sworn..........
Evidence Act, 1872, Section 3 -- Interested/related witness - There is no bar in law in examining an inimical, interested or related witness by a party to support his case...........
