Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Proceedings u/s 340 Cr.P.C. against expert witness - Appellant's opinion regarding murder case that cartridges appeared to have been fired from different firearms was based on Court's insistence to give opinion without examining the firearms - It was not even his voluntary, let alone deliberate deposition before..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Mere non mention of two of the names of accused in FIR cannot be fatal to prosecution case, when implication of all accused was perfectly justified and supported by legal evidence as was spoken by eye witness and further corroborated by medical evidence...........
Evidence Act, 1872, Section 154 -- Hostile witness - Whenever a PW turns hostile his testimony cannot be discarded altogether...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused a constable allegedly demanded Rs.5000 from complainant to release his brother - However, there is contradictions in the evidence of complainant himself, which does not prove the factum of demand of bribe by accused - Panch witness did not hear the conversation between accused..........
Evidence Act, 1872, Section 154 -- Hostile witness - Merely because a witness has turned hostile, his entire evidence cannot be termed to be unworthy of credence - It is for Court to consider, whether as a result of contradiction, witness stands fully discredited or part of his testimony can still be believed - If credit of witness is not fully shaken, Court can rely upon..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4.400 kgs charas - Evidence of police officials, which is otherwise reliable, trustworthy, cogent and duly corroborated by other witnesses can form basis of conviction and absence of some independent witness of locality does not in any way affect the creditworthiness of prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 290 gms charas - Non-joining of independent witness - Accused apprehended on National Highway - It was not an isolated or secluded place - There was lot of vehicular traffic on such road throughout day and night - No efforts made by IO to associate independent witnesses though available at the..........
Will -- Exclusion of only son/legal heir from inheritance by testator - Date and time of execution of unregistered Will not proved - Testator was seriously ill and was not in a position to catch the pen as such he had affixed his thumb impressions on Will - However, attesting witness and scribe have deliberately concealed this material fact - More so, several villagers..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(b)(ii)(B) -- Recovery of 1.200 kg ganja - Independent witness not examined by prosecution - There is no concrete evidence with regard to seizure Mahazar and observation Mahazar - Contradictions found in the statements of PWs - Court cannot come to a conclusion that alleged contraband seized from accused..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - A witness cannot be recalled for further examination merely for the reason that he wrongly deposed...........
