Indian Penal Code, 1860, Section 302 -- Murder - All witnesses turned hostile - PWs 1, 3 & 6 denied of having seen accused with hammer - PW 1 stating that he did not see accused in his house either in morning or in evening - As per PW 3 accused was brought from his village by police - FIR alleged to be dictated by police officer to scribe - Absence of evidence as to motive..........
Evidence Act, 1872, Section 45 -- Divergent reports of two Handwriting experts - Court is justified in ignoring the reports and placing reliance on the testimony of attesting witnesses and the scribe...........
Will -- Proof - Will is required to be attested by two witnesses and one attesting witness is required to be produced for proving its due execution - In the instant none of the two attesting witnesses examined - It is not the case that both the witnesses are dead or are not capable of giving evidence or their whereabouts are not known - One clerk from office of Sub..........
Will -- Execution - Proof - Sub Registrar and scribe are not attesting witnesses - Where one attesting witness denied execution of Will and other witness not called to depose though available, execution of Will cannot be held to be proved on evidence of Sub Registrar and scribe...........
Evidence Act, 1872, Section 68 -- Document - Proof - Document required to be attested is to be proved by examining atleast one attesting witness - However, when execution of a document is not denied it is not necessary to prove the document by examining any scribe or attesting witness or the executant, more so in respect of a registered document...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - If execution is proved there is presumption of consideration - Scribe of pronote in his evidence stated that defendant was not present when he filled up the blank pronote and no consideration was paid in his presence - Attesting witnesses not examined - Held, plaintiff has failed to prove the case..........
Registration Act, 1908, Section 60 -- Endorsement of Sub Registrar - Presumption of correctness - Sale deed - Fraud of sale under garb of Will alleged - Executant being illiterate lady - Endorsement on sale deed by Sub Registrar showing contents read over and explained to vendor - Sub Registrar proved the endorsement - Evidence of marginal witness showing sale deed to have..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Eye-witness stated that accused rasped neck of deceased by using `gandasa' while two co-accused caught hold of him - Medical evidence does not suggest neck of deceased having been rasped i.e. by using like a saw, a weapon like gandasa - None of the witnesses explains how deceased sustained injury on hand - Strained..........
Evidence Act, 1872, Section 32 -- Dying declaration - Proof - If it is in writing, the scribe must be produced in the Court and if it is verbal, it should be proved by examining the person who heard the deceased making the statement - When original recorded dying declaration is lost, prosecution is entitled to give secondary evidence thereof...........
Will -- Suspicious circumstance - Will not scribed by a professional scribe - Will not got registered inspite of the fact that testator remained alive for 10 months after execution of Will - One of the attesting witnesses did not came forth to support the execution of Will - Evidence of scribe does not inspire absolute confidence in the mind of the Court that the testator..........
