Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder of wife by husband - Gunshot injury - Accused is a dead drinker and used to quarrel with deceased and beat her after taking liquor - He killed deceased when she was preparing food in kitchen - Disclosure statement made by accused leading to recovery of weapon in presence of witnesses duly proved on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(1)(C) -- Recovery of 500 gms smack - Sampling process - Safe conveyance of sample being sent for examination to FSL in intact and safe position doubtful - Neither constable who conveyed sample to FSL was produced by prosecution before trial Court nor permission obtained in this regard from Circle Officer..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Reversal of order of conviction - Trial Court which found testimony of prosecutrix reliable being corroborated by her mother's evidence, medical evidence, FSL report and other circumstances viz. absence of motive for any false implication etc. - High Court erred in brushing aside the evidence of prosecutrix and reversing..........
Criminal Procedure Code, 1973, Section 293 -- Report of FSL - Admissibility - Report of FSL even though admissible in evidence u/s 293 Cr.P.C without examination of handwriting expert, however, report itself is not a conclusive proof and credibility of same can be demolished by examining private handwriting expert...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Conviction - Accused found guilty of two murders and sentenced to undergo 30 years of imprisonment with fine of Rs.3 Lakh - Appreciation of evidence - High Court after taking note of testimony of eye-witnesses recorded brief description of depositions of these witnesses - Furthermore, Court also taken note of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 400 gms charas - Delay of 10 days in sending sample to FSL - Seals were intact and tallied with specimen seals - Though there is delay of about 10 days in sending samples to FSL, but same is not material, as seals were intact and in safe custody...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Difference in weighment of sample - Custody of samples duly proved by prosecution right from drawing of samples till same were produced before FSL by way of testimonies of PW5, PW7, PW2 and PW6 - FSL report also states that sealed parcels were received by it with seals..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Difference in weighment of sample - Case property was kept in respective bags - PW3 clearly states about bags containing `leaves, flowers and small twigs' - FSL report clearly shows that what was recovered was ganja - Some of bags that were produced before trial Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Search and seizure - Merely not informing concerned Police Station of area and failure to test material recovered through equipment but by only smell, cannot in any manner affect the prosecution case which is otherwise duly proved through testimonies of witnesses who..........
Evidence Act, 1872, Section 45 -- Expert opinion - Issue of disputed thumb impression being or not being of one to whom it is attributed is indeed a matter of science as it cannot be reasonably determined one way or the other by the naked eye even of a Judge - a layman on such matters - No error committed by trial Court while allowing application - Besides no prejudice is..........
