Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 60 -- Murder - Direct evidence - Informant is a direct eye witness to the incidence and cannot be said to be hearsay, for the reason that he had heard the sound of firing - His testimony is corroborated by attending circumstance of appellant being arrested soon after the incidence..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 6 -- Murder - Fire arm injury - Incidence of firing, immediately followed by arrest of appellant with the rifle which was used in the shooting, all form part of same transaction and therefore relevant u/s 6 of Evidence Act - I.O has given the description of place of occurrence to..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Issues - Application filed to frame issue qua counter claim after final arguments were heard - Trial Court to frame an issue qua counter claim but defendant would not be at liberty to lead any evidence at this stage qua said issue and Court to decide the issue..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife contended that husband and his family members harassed and taunted wife for insufficient dowry - Testimony of wife was credible and trustworthy - Husband admitted his income to be Rs.13,000 - However, trial Court reasonably assessed the income of husband to be Rs.16,000 - No material on record to show..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Where material placed on record discloses grave suspicion against accused, which has not been properly explained, Court will be fully justified in rejecting application for discharge - Court is not to hold mini trial by marshalling the evidence...........
Evidence Act, 1872, Section 3 -- Evidence - Merely because a piece of evidence is admissible does not mean that it must be accepted - Before accepting evidence to hold that fact in issue stands proved beyond reasonable doubt, Court must evaluate the same against the weight of surrounding circumstances and other facts proven on record...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law and father-in-law - Deceased died otherwise than under normal circumstances within seven years of her marriage - Testimonies of PW-1, PW-2 and PW-3 do not indicate that any demand for dowry was made by appellants either before or at the time of marriage of deceased with..........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Partition suit - Defendant no.1 sought to produce original bank passbooks and bank statement of defendant no.1 and defendant no.2 - Trial Court exceeded its jurisdiction to deny leave to produce said documents on record by recording a finding that authenticity and genuineness of documents seem..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Suit u/s 18 of the Act - Interim maintenance - Matrimonial relationship between parties still subsists as there is no document on record to show that parties have been divorced - Wife is aged more than 70 years - She has pleaded that she is suffering from several old age related problems and also certain diseases -..........
Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25(1B)(A) -- Murder - Circumstantial evidence - Ballistic report connects pistol recovered from appellant with the bullet recovered from the body of deceased - Said discovery and recovery is attributable to the disclosure statement provided by co-accused which is governed by Ss.8, 27 of Evidence Act -..........
