Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Link evidence - The contents of two affidavits not put to the accused under Section 313 Cr.P.C. - Held that when these two affidavits were tendered in evidence, the defence made a specific statement that the accused persons did not want to cross-examine the two officials - In..........
Indian Penal Code, 1860, Section 302 -- Appeal against convictio, FIR - Non explanation of time gap between happening of the incident and lodging of FIR - Incident took place at 1.00 P.M. - Statement of PW3 recorded at 4.30 P.M. - As per the cross-examination of PW3 the FIR could not have been recorded before 5.30/6.00 P.M. - Held that these mathematical calculations..........
Indian Penal Code, 1860, Section 302, 34 -- Two accused A1 and A4 convicted by trial Court under S.302/34 - High Court after reappraisal of evidence acquitted them - Held, High Court failed to appreciate the evidence of eye-witnesses and other materials in proper perceptive - The minor eye witnesses stood satisfactorily to the searching cross examination - Lodging of..........
Indian Penal Code, 1860, Section 148, 302, 149 -- Appellants assaulted deceased with sword, axes and farsi when deceased was returning on bicycle with his wife - In autopsy 14 incised injuries found on dead body - Copy of FIR received by concerned Magistrate after two days - That by itself could not be a circumstance to hold that the FIR was ante dated - Despite searching..........
Indian Penal Code, 1860, Section 302, 34 -- Appellants A1 to A4 assaulted deceased with knives - PWs 1, 2, 3 & 8 were examined as eye-witnesses - Trial Court acquitted all accused - High Court reversed the order of acquittal - Appeal - PW.1 and PW.2 did not fully support the prosecution case as they did not name or identify appellants as assailants- Trial Court found..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 149, 147, 148 -- Conviction by trial Court - Set aside by High Court - Appeal - Eight accused armed with weapons like pharsas, axe and sticks assaulted complainant party - Three persons of complainant party died in incident - Eye witnesses were contradicted during cross examination - No material that investigation was..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Onus of issue on defendant - Defendant examined hand-writing expert - Plaintiff has a right to examine a hand-writing expert in rebuttal evidence and this right of plaintiff cannot be taken away merely on the ground that plaintiff had an opportunity to cross-examine the hand-writing expert examined by the..........
Evidence Act, 1872, Section 154 -- Hostile witness - It is possible to declare ones own witness as hostile and subject him to cross-examiantion...........
Criminal Procedure Code, 1973, Section 401 -- Case under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 - Revision - Additional Sessions Judge setting aside the order of conviction passed by Chief Judicial Magistrate - Remands the matter for conducting fresh trial - Observations made that PW1 never produced for cross-Examination - Statement of Food..........
Criminal Procedure Code, 1973, Section 313 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 - Appeal against conviction - Link evidence - Prosecution tendered in evidence the two affidavits - One sworn by MHC incharge Malkhana with whom case property including the sample was stated to be deposited - The second affidavit sworn by the constable who had..........
