Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Testimony of two eye witnesses - Version of two eye witnesses with regard to injuries caused by fire arms and sharp edged weapons find corroboration from medical report - Though there are some minor variations and contradictions in statement of two witnesses, especially PW2 - PW2 may have improved his version..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of prosecution witness found credence upon recovery of weapons as per disclosure statement of accused persons - Testimony of witnesses and complainant clearly establishing death of deceased due to injuries sustained by him - Guilt of accused established beyond reasonable doubt - Conviction upheld...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - Business of tenant in premises can only be carried out in case necessary returns under sales Tax/VAT as were required at that time have been filed - However, no reliance placed on electricity bills or statements of witnesses from electricity board or oral..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Arms Act, 1959, Section 25 -- Recovery of heroine and weapons - Non-examination of independent witnesses - If testimony of Government witnesses is credible, omission to examine independent witness would not be fatal to prosecution case...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witness - Improbabilities and inconsistencies were found in testimony of eye witness Viz. : (i) Doubt regarding availability of light at the spot, as eye witness stated that he was carrying a torch but he improved his version by saying that it was moonlit night, however, scientific evidence on..........
Delhi Rent Control Act, 1958, Section 14(1)(j) -- Eviction order - Subletting - Subletting is clearly proved by testimony of PW1, who has stated specifically that tenant is living in premises along with his wife and son - Testimony has gone un-rebutted, as both tenant and alleged sub-tenant chose not to appear before Rent Controller or to lead any evidence - Un-rebutted..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness - Eye witness clearly stated that accused were not the assailants - Scientific evidence also absolutely vague - Motive of murder also not present - Accused acquitted...........
Evidence Act, 1872, Section 3 -- Testimony of sole eye witness - Whatever may be reason, the diametrically opposite testimony of sole eye witness would completely erode his credibility...........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Testimony of sole eye-witness - Once testimony of sole eye witness discarded it would result in acquittal of convict because they were directly named by sole eye-witness as being present at the spot and of having fired shots/exhorted/driving and..........
Indian Penal Code, 1860, Section 302, 307 -- Murder of wife and daughter - Testimony of PW1/son of accused - Accused allegedly poured kerosene oil on wife and children - Presence of PW1 saved him and also made him crucial eye witness in the episode - Version of eye witness that he fled away from scene of offence at that point of time when his father/accused was about to..........
