Evidence Act, 1872, Section 27 -- Disclosure statement - Not attested by independent witness - No reliance can be placed on such statement...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of mobile phone of deceased - Witnesses of recovery stated that they made to sign the papers of recovery of mobile phone by police but they were not given any details from where articles were recovered - Moreover, disclosure statement regarding said recovery not attested by independent..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 4 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Hindu undivided family property - Where a person claiming share in joint family, detailed facts as required U.O.6.R.4 CPC has to be specifically pleaded as to how and in what manner an HUF and each separate..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Double murder - Recovery of country-made pistol and an empty cartridge at the instance of accused - It is not material recovery which has to be proved, but disclosure based upon which recovery is made - Pivotal fact is making of statement to police which leads to recovery - However, during investigation,..........
Evidence Act, 1872, Section 27 -- Disclosure statement before police - Admissibility - In a statement if something new is discovered or recovered from the accused which was not in the knowledge of police before disclosure statement of accused is recorded, is admissible in evidence...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 489B, 489C, 120B -- Disclosure statement regarding arrest of co-accused made by accused to police - Admissibility - Offence u/s 489-B, 489-C, 120-B IPC - Statement of accused led to discovery of fact and arrest of co-accused not known to police - Co-accused nabbed on the basis of identification made by..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused alongwith his brother went to shop of deceased father-in-law to bring back his wife and in quarrel hit knife blows and killed him - Recovery of weapons post disclosure statement of accused - Injuries as per post-mortem report are possible by weapons recovered - Testimony of..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of certain weapons with blood stains immediately on the day after the incident on the disclosure statement of accused, mere fact that those recoveries were not supported by independent panch witnesses, is not a ground to doubt on said recoveries -..........
Indian Penal Code, 1860, Section 394, 397, 34, Arms Act, 1959, Section 25 -- Robbery - Disclosure statement of co-accused in another case - No evidence on record against three accused except the reference made by co-accused `S' in the disclosure statement as regards the role of these three accused - Only that portion of information in disclosure statement which lead to..........
Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 374 -- Double murder - Appeal against conviction - As per post mortem report the injuries were ante-mortem in nature on vital organs of body and sufficient to cause death - Medical record and ocular narration of incident by prosecution witness are consistent with each other - Recovery of..........
