Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 406 -- Summoning of additional accused - Offence u/s 498-A, 406 IPC - Principal allegations of cruelty with petitioner on account of bringing less dowry are attributed to husband only - General and omnibus allegations were levelled against proposed accused, which do not satisfy Court that..........
Evidence Act, 1872, Section 8 -- Conduct of accused - Where inculpatory information or other clues revealed by accused are sufficiently proved and corroborated by public witness, evidence of I.O. to this effect would be admissible u/s 8 of the Act...........
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 - Last seen theory - Prosecution miserably failed to prove the unity of time space and action to arrive at conclusion that immediately before murder, deceased and accused were seen together - Star witness of last seen evidence PW1 himself admitted that he was having grudge with accused before..........
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..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Evidence of eye witnesses - Eye witnesses consistently stated that accused fired at deceased with `country made pistol' which he was carrying in his hand - Nothing substantial was elicited from eye witnesses to discredit their testimony - In the context of unimpeachable oral evidence coupled with..........
Suit for possession -- Defendant claiming to be a tenant for life time on payment of Rs.One Lakh in lump sum - Affidavit to that effect attested by Notary Public - Trial Court held that affidavit was a forged document in view of statement of expert witness and he also having made report on the basis of his expert knowledge that certain lines were added subsequently and..........
Indian Penal Code, 1860, Section 363, 366A, 376D, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Age determination - Closure of evidence - Witness No.23 is material witness and essential for just decision of case - Impugned order set aside -..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination/re-examination - Cannot be held by a party, who is not adverse to person, who has examined any such witness, as it is a right of adverse party...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 6 kg charas - Non-joining of independent witness - Recovery was made at 6.45 AM in the morning of January and at that time finding independent witness is a challenge - Public were not available at the relevant time - Merely because no independent witness was joined, there is no adverse..........
