Bharatiya Nyaya Sanhita, 2023, Section 85, 115(2), 118(1), 191(2) -- Cruelty - Only allegation with some degree of specificity is against petitioner No.2 alleging an attempt to press neck of complainant - However, said allegation is conspicuously unsupported by any medical evidence or contemporaneous record - No injury report, hospital document, or independent..........
Criminal Procedure Code, 1973, Section 311 -- Given up witness - Witness whose name was already found mentioned in the list of witnesses and was given up, has been sought to be examined - No new witness has been introduced by prosecution - Witness sought is not a private witness who could have been subsequently created and he is going to prove some public document only -..........
Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased stated that appellant, her aunt-in-law, set her ablaze - Doctor stated that deceased was conscious and was in a position to speak at the time of making declaration - Medical Certificate of deceased states that whole body and clothing having kerosene smelling had burns about 100% - Panchnama,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Testimony of Eye witness/PW2 - PW2 deposed that she was running a wayside fruit shop near the scene of occurrence, which has not been established by any document - She is thus, deemed to be a chance witness subject to strict scrutiny - PW2 stated that number of vehicle was noted by herself and daughter of..........
Evidence Act, 1872, Section 68, 69 -- Will - Attestation - If a document is required by law to be attested then it shall not be used as evidence until one attesting witness has been examined before Court for proving its execution if he is alive and capable of giving evidence - However, where no attesting witness can be found, then propounder of Will is bound to prove the..........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Demand and acceptance - Tehsildar on whose behalf alleged bribe was being demanded was not prosecuted due to want of sanction - This casts serious doubt on the narrative of prosecution regarding appellant acting as a conduit for a public servant - Complainant turned hostile and did not support case of..........
Transfer of Property Act, 1882, Section 105 -- Lease deed - Execution of lease deed by one co-owner whereas other co-owners witnessed the lease deed - Co-owners who have witnessed the lease deed do not become confirming parties - There is huge difference between executing a particular document and being a witness to the same document - Witness does not in any manner agree..........
Civil Procedure Code, 1908, Order 16, Rule 14, 15 -- Application U.O.16.Rr.14, 15 for summoning witness alongwith a document - Crux of dispute between parties has nothing to do with proposed witness and proposed document - Issues are not with reference to any fact concerning proposed witness and document - Application rightly dismissed...........
Evidence Act, 1872, Section 69 -- Will - Proof of document where no attesting witness is found - It is imperative to comply with O.16.R.10 CPC before resorting to S.69 of the Act and only when attesting witnesses do not respond to the summons issued U.O.16.R.10 CPC, then after following due procedure laid down therein, any other witness as stipulated u/s 69 of the Act can..........
