Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Conduct of witnesses is inexplicable and incredible as if they had seen the blow being inflicted their first duty would have been to step forward to intercede - Even, after informing the father, they did not go back to see the condition of deceased but rather..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Offence u/ss 363, 366A, 376, 120-B IPC & S.8 POCSO Act - No role specifically attributed to petitioner by victim in her statement u/s 164 Cr.P.C. and that all allegations have come about subsequently -..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents of earlier proceedings sought to be produced which are plaint, written statement and corresponding orders passed by Court in earlier proceedings - Suit is for recovery of possession after serving a notice u/s 106 of T.P Act - Nothing more is required to be gone into..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Statement of Victim/deceased recorded by police u/s 161 Cr.P.C, immediately before her death can be considered as dying declaration...........
Indian Penal Code, 1860, Section 302, 325, 323, 341 -- Murder - Ocular version of injured eye witnesses corroborated by medical evidence - Post mortem report of deceased reveals that he had suffered 23 injuries with blunt weapons - Statement of DW1 failed to rebut the testimony of eye witnesses - Some civil and criminal disputes were going on between parties, which shows..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused suspected deceased having illicit relations with her daughter-in-law - On the day of incident deceased was present in the house of accused and some alteration took place between deceased and accused - Accused must have got angry on finding deceased in his house and in the heat of passion and..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Motive - PW4, stated that day before the incident, deceased had heated arguments with accused regarding indecent remarks made by them about his wife and mother of deceased in a drunken condition - Statement of PW4 may be relevant for introducing a motive - But, it is too trivial to motivate..........
Indian Penal Code, 1860, Section 341, 323, 34 -- Offence u/ss 341, 323, 34 IPC - Contradictions found in statement of PW1 - Cross-FIR was lodged by accused against complainant - Trial Court after appreciating entire evidence rightly acquitted accused - Findings of trial Court are perfectly justified - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death by burn injuries - Two dying declarations - Both the dying declarations inspire confidence and appear to have been made by deceased voluntarily - Plea of suicide not taken by accused in his statement u/s 313 Cr.P.C. - Plea also not taken that accused was not at home at the time of incident - If..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to incorporate plea of adverse possession - Defendants contended that they perfected their rights by adverse possession - No prejudice would be caused to plaintiff by amending written statement as sought for - Moreover, amendment sought would not alter or..........
