Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - No independent witness associated at the time when disclosure statements were made by accused - Prosecution failed to prove that disclosure statements were made voluntary without any duress or coercion - Conviction cannot be based merely on..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of clothes and `khanjar' - Recoveries alone cannot connect the accused with crime as chain of circumstances is not complete - FSL report shows only human blood group `AB' which was detected on clothes of accused and deceased but nothing on record to suggest that what was the blood group..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - No overt act except exhortation so as to indicate pre-meeting of minds between accused persons for committing offence - Even statement of injured witness as well as other witnesses do not establish incriminating facts to prove existence of a premeditated meeting of minds for formation of common..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Prosecution failed to prove last seen evidence against accused - Panna (tool) with which murder was committed was recovered after 1-1/2 years of recovery of dead body that too from an open place hence recovery of Panna cannot connect the accused with crime - Identification of place of..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and Negligent driving - Appeal against acquittal - All the eye witnesses turned hostile except PW10, son of deceased - PW10, in his statement before Court neither disclosed the number of bus nor the name of driver - But in FIR he stated the name of driver - There is material contradiction in the statement of PW10 -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Opium - Illegal cultivation of plants of opium weighing 55 kgs without any pass and permit - All witnesses and panchas turned hostile - Only official witnesses supported prosecution case - Prosecution failed to prove its case - Evidence on record would not permit the Court to take a different view than..........
Adverse possession -- Claim of defendant that he was in possession of suit property for the last 35 years, not proved, as there is no document on record to prove the same - Plaintiff on the other hand stated that property fell to his share - Defendant did not make any cross-examination of plaintiff on this aspect - Witnesses proved on record that property belongs to..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Substitution on the basis of Will - Will found to be forged - Applicant having failed to prove Will, not entitled to continue suit as legal representative...........
Indian Penal Code, 1860, Section 307, 323, 148, 149, 506 -- Attempt to murder - Twelve accused allegedly assaulted four victims with lathis due to which victims sustained injuries - It is highly improbable that in wake of assault by 12 accused armed with lathi and binda, only injuries were received - No explanation as to why statement of injured witnesses not recorded by..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Market value - Determination - No sale deeds filed to prove the fair market value of acquired land and appellants asked the Court to take into consideration the rate of those lands which were acquired 10 years after the date of acquisition in question and then reduced the land by 10% every year so as to..........
