Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Indian Penal Code, 1860, Section 307, 323, 324, 325, 504, 506 -- Attempt to murder - Complainant and PW4 are hearsay witnesses, testimony of PW3 does not inspire confidence, as he is relative of complainant - Victim was under influence of alcohol at the time of alleged incident and as per prosecution, his finger was cut in the alleged incident, but there is not an iota of..........
Adverse possession -- A purchaser who got into possession under an executory contract of sale would be on only permissive in character, he cannot contend that his possession was adverse and it will remain as a permissive possession in contradiction to a possession in the case of sale...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1 stated that last seen witnesses disclosed the incident to him after 18 days of incident - Whereas last seen witnesses stated that incident and the facts relating thereto were told to PW1 by them on the next day of incident - Contradiction in the version of last seen..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Evidence can be permitted to be given only on a plea properly raised and not in contradiction of plea...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Deceased gave three versions of incident - Version of first dying declaration was that she voluntarily poured kerosene on herself and set her on fire and in middle portion of the same statement, deceased has deposed that, while she poured the kerosene on herself,..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Testimony of informant remained undemolished in the cross examination on the factum of incidence and is corroborated u/s 157 of Evidence Act by his fardbeyan recorded by police on the same day - There is no material to remotely suggest that informant had any reason to falsely implicate appellant -..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant - Incident occurred in Cinema hall - Informant/brother of deceased who was sitting on the seat adjacent to one occupied by deceased, would have failed to notice commotion preceding assault - Natural reaction expected from a brother in such a situation would have been to take immediate steps for taking..........
