Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4.00 kgs charas - Non-joining of independent witness - It is not one of those cases where independent witnesses were not available but independent witnesses could be associated from the nearby village - Prosecution failed to prove its case against accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Murder case - No incriminating evidence brought by petitioner which create an adverse opinion regarding conduct of respondent after grant of bail or that he threatened any witness or has tried to run away from justice - No cogent evidence on record which shows that respondent has instigated or promoted..........
Will -- Suspicious circumstance - Will was duly registered - One of attesting witness of Will stated that he saw testator signing the Will and that he signed the same in his presence - Presence of attesting witness cannot be held doubtful - No adverse interference can be drawn merely because all the attesting witnesses have not been examined to prove Will - Will, held,..........
Will -- Suspicious circumstance - When there is no evidence on record nor any suggestions put to the witnesses, either to propounder of Will or to attesting witness, it is impossible to accept the contention that testator had executed the Will under undue influence from propounder of Will...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Recovery of iron wires & iron pipe - Accused `R' suffered a disclosure statement regarding recovery of iron wire and iron pipe with which murder was committed - As per FSL report, piece of electric wire tested negative for blood and on iron pipe though blood was found positive but was not..........
Evidence Act, 1872, Section 138 -- Cross examination - Matrimonial proceedings - Husband examined but not cross examined despite opportunity - Cross examination was recorded as `Nil' - In matrimonial proceedings it is always expedient in the interest of justice to permit cross examination especially when witness is husband or wife - Wife given an opportunity to cross..........
Civil Procedure Code, 1908, Order 17, Rule 2(e) -- Scope - Provision of O.17.R.2(e) CPC should be adopted when Court is satisfied that there has been extra ordinary negligence or casual approach on the part of opposite party indicating intentional evasive approach in examination or cross-examination of witness present in Court...........
Criminal trial -- Eye witness - Disclosure of names of accused persons - Name of accused be disclosed without any delay and that too in the first instance by any eye witness - Nonetheless no fetish can be made out of such a rule and a witness who is otherwise reliable cannot be ignored merely because of such non disclosure by him at an early point of time...........
Indian Penal Code, 1860, Section 302, 120B, 34 -- Murder - Conspiracy - Common intention - Sole eye witness of occurrence - PW9, eye witness was at the spot and saw the occurrence taking place - His statement is consistent with medical evidence - Merely because PW9 not named the accused persons before PW17 and PW8 or left for place `G' without joining the investigation or..........
Related witness -- Merely because eye witnesses related to informant, their testimony cannot be disbelieved particularly when their presence with appellants at the spot appears to be natural - Moreover, all the four eye witnesses belong to same village, there appears to be no personal enmity on part of these witnesses as against appellants...........
