Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25(1B)(a) -- Attempt to murder - Gun shot injury - Allegation that accused fired on police party - However, none of PWs have seen accused firing on police party with intention or knowledge to commit an offence proving his guilt - There is no independent witness in any of proceedings though may be available -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29 -- Recovery of 1025 kgs Ganja - Non-joining of independent witnesses - Recovery was made at night and due to pandemic prevalent at that time and seclusion, no public witness could be secured - Moreover, evidence of a public officer cannot be thrown on the ground that he is a police officer -..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Evidence of witnesses of fact - Injury on injured found to be caused by some sharp object - Doctor proved the injury report - Accused and injured are residents of same locality and they are very well known to one another - There is no motive before injured to implicate accused falsely - While accused have..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Award of death sentence - Appeal against conviction - Accused person allegedly committed murder of 6 persons at different places in a house - In instant case testimony of eye-witness is not wholly reliable - Failure of prosecution in proving any motive behind the commission of offence - There are various inconsistencies..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 900 gms smack - Non-joining of independent witnesses - Chance recovery - When conduct of accused was found suspicious and a chance recovery from vehicle used by him is made from public place and proved beyond reasonable doubt, accused cannot avail any benefit of issue of non-joining of..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59, Evidence Act, 1872, Section 10 -- Attack on police party - Test Identification Parade - As per prosecution, apart from police party who were escorting accused in train there were about 50-60 passengers - No independent witness was examined - Out of four young boys..........
Indian Penal Code, 1860, Section 326A, 324, 323, 353, 332 -- Acid attack - Non-examination of independent witness is not a ground to doubt prosecution case...........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Testimony of eye witness - Accused assaulted deceased with iron pipes, sticks and iron rods - PW2 accompanying deceased on motorcycle - He ran away from the place of incident and returned with his friends - Credibility of PW2 as an eye witness not doubtful - PW10 an independent witness corroborated PW2 in all..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Independent witness corroborated the prosecution case that deceased was subjected to torture by accused on demand of money - De facto complainant also corroborated the prosecution story in his evidence - Incident of torture was also corroborated by local disinterested witnesses - There is direct..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two oral dying declarations - Murder - Deceased in his first dying declaration stated nobody's name and number of persons who were involved in commission of crime is stated to be two - Whereas, in second dying declaration, name of accused was taken with three more unknown persons - There is thus,..........
