Indian Penal Code, 1860, Section 304(Part II), 34, Evidence Act, 1872, Section 32 -- Culpable homicide not amounting to murder - Dying declaration - Accused died after six days of incident after giving dying declaration - Deceased narrated the specific role to accused and his statement is totally trustworthy and admissible in evidence - Two stab wounds were found on vital..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per evidence on record, there is a connected chain of events that proves guilt of accused - Even, statement made by accused u/s 313 Cr.P.C. corroborates evidence adduced - Moreover, bullets that were found in the skull of the..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere statement that accused/sister-in-law of victim insisted victim to involve in illicit activity and on denial by victim accused tortured her held, not tenable as other allegation of prosecution that husband of victim suspected her character, killed her in the night by taking her out of dwelling hut on some pretext are..........
Evidence Act, 1872, Section 45 -- Disputed signatures - Expert opinion - Comparison with signatures on Vakalat and written statement - Defendant might have designedly disguised his signatures on Vakalat and written statement - Similarly it will be so when defendant is called upon to furnish his signatures in open Court - Expert can furnish an assured opinion only when..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit on same cause of action - Previous suit was filed by plaintiff alleging interference in peaceful possession over suit property and threat to raise further construction whereas present suit was filed by plaintiff with regard to possession on basis of title - Moreover, defendant has admitted in written..........
Indian Penal Code, 1860, Section 302, 394, 34, 120B -- Murder - Confession - Prosecution relied upon confessional statement of PW3 - PW3 became approver and challenge to the same negated by trial Court and High Court - Statement of PW3 thus, becomes admissible in evidence in view of Ss.133, 114 of Evidence Act - Moreover, confessional statement of PW3 gets full..........
Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Daughter and son of deceased aged 9 and 6 years respectively - Witnesses categorically stated that her father used to doubt character of appellant mother - Accused mixed sleeping pills in milk, as result of which her father fell asleep - Co-accused inflicting first blow..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Recovery of decomposed dead body of deceased from the canal - Place of recovery was known to police authorities - No such recovery effected from accused pursuant to his disclosure statement which connects him to crime - Recovery held, not proved against accused...........
Indian Penal Code, 1860, Section 468 -- Forged documents - Mere oral statement that document has been forged for the purpose of cheating is not at all sufficient to exercise discretion in favour of opposite party...........
Criminal Procedure Code, 1973, Section 164 -- Statement given by eye-witness in the Court cannot be discarded merely on the ground that statement got recorded u/s 164 Cr.P.C. by prosecution was not immediately recorded...........
