Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
Indian Penal Code, 1860, Section 302, 379, 149, 148 -- Murder - Sole testimony of eye witnesses - Parity with co-accused - If deposition of eye witnesses are not reliable qua one of accused and he is acquitted by giving benefit of doubt, same benefit ought to have been given to other accused also, unless there is some further material/evidence against other accused - Since..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit should not normally be dismissed on technicality just because the plaint is not signed by competent person and that too without giving sufficient opportunity to rectify error or to allow party to lead evidence to prove the same...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Interim custody - Preservation of property during trial of case - It is not necessary that original property inevitably has to be preserved and produced - Reception of secondary evidence is permissible - Instead of producing original property production of photographs of property, depicting all..........
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 32 -- Murder of wife and daughter - Dying declarations - Dying declaration of wife of accused giving reasons for dispute resulting in offensive language used by accused before setting them ablaze - However, dying declaration of minor daughter of accused was precise and brief just narrating the incident..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - In case of circumstantial evidence, each circumstance must be proved beyond reasonable doubt by independent evidence and circumstances so proved must form a complete chain without giving any chance of surmise or conjecture and must also be consisted with the guilt...........
Indian Penal Code, 1860, Section 307, 326, 447, 341, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of accused alongwith victim inside the house having duly armed in the night and then giving indiscriminate blow over the person of the respective injured side by side also giving firearm injury over the person of PW3 by his..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Deceased was last seen with accused and on earlier occasions too was seen being enticed by accused - DNA evidence using established STR technique has proved that accused committed sexual..........
Criminal Procedure Code, 1973, Section 340, 125 -- False evidence - Proceedings u/s 125 Cr.P.C. - Giving false evidence by wife stated to be : (a) he and his family members got sex determination test for knowing fetus in womb either female or male child by astrologer etc. at the time of pregnancy of seven weeks some days; (b) mentioning of wrong or false date of Jat..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Single blow was given to accused that too at the back - No attempt was made to give another blow and there is no evidence to show that accused was prevented from giving such another blow - Intention of accused was thus, not to kill deceased - Moreover, blow was not so imminently dangerous that..........
