Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Injury on private part - Examination of witnesses and accused - As per medical report, injury on private part of deceased, cannot be the result of normal intercourse and the same is possible if some foreign blunt object is inserted in vaginal canal - This testifies that cruelty had been meted-out to..........
Indian Penal Code, 1860, Section 307, 323, 34 -- Attempt to murder - FIR lodged after more than 2 months and 18 days of incident - Lame explanation given by complainant that accused threatened to kill him - However, complainant was gaining time to create evidence so as to implicate accused in this patently false case - Plea put forth by complainant in belated FIR and in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of 1 kg heroine - Search of accused made after giving him an offer of search by some gazetted officer and it was only after taking his written consent - Place of occurrence was vacant plot and time of recovery was early morning - Statement of PWs that attempt was made to associate independent..........
Evidence Act, 1872, Section 154 -- Hostile witness - Part testimony of hostile witness can be relied for conviction of accused...........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 302 -- Hostile witness - Murder case - Informant though turned hostile but he categorically stated that site plan contains his signatures - Inquest report was also prepared by police in his presence, blood samples of deceased were collected at the place of occurrence, clothes of deceased were recovered in..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1A) -- Attempt to murder - Appeal against acquittal - Acquittal upheld viz: (i) name of accused not mentioned by eye witness/brother of victim to Chief Medical Superintendent, despite knowing the accused; (ii) weapon of offence/pistol recovered from pocket of accused next day is improbable; (iii) weapon of..........
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145 -- Affidavit of witnesses produced before Superintendent of police or I.O during investigation - May be a statement of witness during investigation, which is not a substantive evidence - Such statement of witnesses during investigation can be used only for the purpose to contradict the PWs in the..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 50 -- Recovery of 22700 intoxicant tablets and 33 bottles of Rexcof - Appeal against conviction - Accused acquitted due to following reasons: (i) Accused falsely implicated by police, as he lodged a complaint under NDPS Act against some police officials; (ii) no, compliance of mandatory provision of S.50 of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Statement of DW1 an eye witness - Murder case - DW1 made an all out effort to save accused rather than stating truth - He denied having affixed his thumb impression on any memo pertaining to taking into possession blood stained soil, mattress, khes by police which bears his thumb impression along with..........
