Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail during pendency of appeal against conviction - Murder - Extra judicial confession made by accused and there is inconsistency between PWs regarding same - Recovery of dead body and other weapon of assault thereafter made at the disclosure statement of accused while in custody which..........
Indian Penal Code, 1860, Section 365, 366, 376, 307, 344, 34 -- Kidnapping and rape - Medical evidence not established that it was accused who is primarily responsible for committing rape and penetrative sexual assault on prosecutrix - Inconsistencies and discrepancies found in statement of prosecutrix, which makes case of prosecution fabricated and unreliable - Entire..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order allowing application u/s 319 Cr.P.C is based on statement of PW1 without considering relevant facts and without recording any satisfaction that there is some cogent evidence which may lead to his conviction - Even there is apparent contradiction in statement of PW1 during course of trial..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased was found near Tube-well in village at the time of inquest - Medical evidence shows that death might have occurred due to ante-mortem injuries at that time - Accused in his statement u/s 313 Cr.P.C has stated that witnesses gave false statement, but he did not suggest as to why PWs gave false statements..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Mere statement by plaintiffs that there is formal defect in plaint and form of suit is not sufficient...........
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..........
Criminal trial -- Mother of deceased - Her statement cannot be discarded merely on the ground that he is mother of deceased and an interested witness - Relationship is not a factor to affect credibility of a witness - Evidence of such witness must be scrutinized carefully and if on such scrutiny his evidence is found to be intrinsically reliable, inherently probable and..........
Indian Penal Code, 1860, Section 302 -- Murder of daughter by father - Hostile witness - Mother of deceased/PW21 stated in her supplementary statement that her husband murdered her daughter by throwing her from the roof in naked condition - Deceased was not raped by anyone - There was no occasion for PW21 to falsely implicated her husband/accused, though she was declared..........
Evidence Act, 1872, Section 32 -- Dying declaration - Oral statement made by deceased to her father in Three wheeler in presence of her husband, just an hour before her death, would fall u/s 32 of Evidence Act, relating to cause of her death and would be admissible...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 27A, 25, Evidence Act, 1872, Section 30 -- Recovery of 33 kg 220 gms opium - Conscious possession - Confession of co-accused - Accused knowingly carrying opium in jeep - He made disclosure statement to the effect that opium was to be delivered to co-accused - Accused was using the jeep by displaying fake..........
