Criminal trial -- Last seen theory - As per statement of PW1 accused alongwith deceased went to a grocery shop of one `O' who has not been examined - Withholding of this material witness renders prosecution version doubtful and short of proof of last seen theory...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Deceased was last seen by informant in company of accused - On the next day dead body of deceased was found - In the meantime nobody has seen deceased anywhere - There was nothing to show what happened with deceased and who murdered him - It cannot be said that crime could not..........
Will -- Proof - None of attesting witnesses was available for examination in Court - Certified copy of Will does not bear signature/thumb impression of testator or attesting witnesses - Plaintiff examined the witnesses to prove signatures of attesting witnesses on entry made in register of Scribe of Will - However, plaintiff did not examine a witness to prove that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of heroin - Search and seizure - Incharge Malkhana/PW4 in his testimony admitted that when he made entry in Malkhana register he did not state that pullandas and FSL form were sealed with seal of SHO - Even in entries there is no reference to seal of SHO - Further, SHO admits that when he..........
Evidence Act, 1872, Section 3 -- Relative witness - Merely because witnesses are closely related to deceased, their testimonies cannot be discarded, as relationship with one of parties is not a factor that affects credibility of witness...........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Age of case - Not by itself decisive of matter when prayer is made for examination of material witness...........
Criminal Procedure Code, 1973, Section 311, 284, 285 -- Examination of witness - Doctor who conducted first post mortem living in Nigeria - Evidence of this witness germane to the questions involved in the matter - For recording his statement trial Court could have unquestionably taken recourse to the provisions of Ss.284, 285 Cr.P.C. so as to avoid delay in the matter and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Once a witness is examined, his testimony cannot be allowed to be replaced by another set of facts in order to remove a lacuna - Witness cannot be allowed to make out a new story by twisting the facts - O.41.R.27 CPC does not contemplate a situation permitting to substitute the..........
Will -- Proof - One attesting witness examined to prove Will - Attesting witness examined failed to prove due execution of Will as he did not state (i) he and other attesting witness had seen the testator signing or putting his mark on the Will and (ii) he and the other witness have signed the Will as witnesses in the presence of testator...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Right of principal to enter witness box is not lost, moreso when his evidence is not closed, even when power of attorney holder is examined as a witness, as power of attorney holder has a limited right to depose and he cannot be permitted to depose on behalf of the principal for the acts done by..........
