Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Prosecution from testimonies of PW18 and PW20 has been able to prove that deceased was last seen alive in the company of appellant and co-accused on the evening of day before death of deceased - Accused persons took deceased along with them on the pretext of fetching cable..........
Will -- Executed on the day testator died cannot be held suspicious in absence of any cogent and reliable evidence in this regard...........
Will -- Suspicious circumstance - Execution of Will in favour of daughters - Testator was survived by only two daughters and on last part of his life when his health was not keeping well was looked after by his daughters - Merely because Will was executed on the day testator died, cannot be held to be suspicious in absence of any cogent and reliable evidence in this..........
Evidence Act, 1872, Section 3 -- Interested or related witnesses - Merely because witness is an interested or related witness, her deposition cannot be discarded - Deposition of such witness is required to be scrutinized closely...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contentious issues - Can only be ascertained after parties lead evidence - Application rejected...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Plea of adverse possession - Appellate Court cannot entertain a plea of adverse possession first time raised during appeal and cannot record its finding, where no issues were framed and no evidence was led at the stage of trial...........
Adverse possession -- Suit for declaration of title and permanent injunction - Plaintiff's title/ownership to suit property is clearly established through registered sale deed, mutation, issuance of patta and approved building map in favor of plaintiff - It therefore, demonstrate possession under lawful title and do not reflect hostility required for adverse possession -..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because prosecutrix has levelled allegations against appellant in FIR and I.O. has deposed before Court with regard to contents of FIR, it cannot be presumed that allegations levelled in FIR are true and correct unless same is proved during course of trial by leading cogent evidence -..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix and her husband/PW2 did not support case of prosecution - Medical evidence also does not support case of prosecution - Three independent witnesses who were present at the place of occurrence though cited as PWs in charge sheet, were not examined by prosecution - Conviction and sentence,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
