Evidence Act, 1872, Section 27 -- Disclosure statement - There is no requirement that information given by an accused to I.O u/s 27 of the Act leading to discovery of a relevant fact should bear attestation by independent witnesses, as presence of witness at the time of investigation is absolutely impermissible, as it would breach the confidentiality of investigation...........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Collusion between motorcycle and cycle - Two independent witnesses of occurrence not supported the prosecution case - Evidence on record shows that accused plying his motorcycle on correct side of road - Accused was not driving negligently on the relevant date - On the contrary it was the victim who..........
Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Abduction - Murder - Circumstantial evidence - Extra-judicial confession - FIR lodged after three days of incident - Material witnesses of extra judicial confession kept mum for three days and only after extra judicial confession made report to police - There is no corroboration of fact by independent witnesses to prove..........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - Clash between two political groups - 50 accused were named in the occurrence - Overt act of each of accused - According to charges every accused caused one single blow on a victim - Narration of events by eye witnesses is highly dramatic and artificial - When there are too many victims, there would have been lot of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Testimony of police officials - PWs remained unshaken with regard to conducting of raid and apprehension of accused as well as co-accused with the contraband - Testimony of raiding party members also duly corroborated by CFSL report, which shows that when sealed sample was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Official witnesses stated in same breath that raid was conducted in which accused and co-accused were apprehended with contraband - Contents of notice u/s 50 of NDPS Act were duly explained to accused before conducting his search - Testimony made by official witnesses including..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 101 kg doda chura - Testimony of official witnesses - No efforts made by PWs to associate independent witnesses - However, statement of official witnesses otherwise reliable and there is no animosity established against them by accused - Recovery, held, proved...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Matrimonial dispute - Service of summons on younger sister of defendant - Process server failed to mention that sister was an adult member - That apart, summon by process server does not seem to have been effected properly as it was never served in presence of two independent witnesses - Ex..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 80.600 kg poppy husk - Independent witnesses not supported the prosecution case - Contradictions were found in the statements of police officials with regard to search and seizure of contraband, which shrouds clouds of suspicion over the case of prosecution as to whether in fact contraband was..........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Long standing land dispute between parties - Accused due to said dispute in order to teach lesson to complainant party attacked them with deadly weapons - Evidence of PW7 an injured eye witness coupled with other independent witnesses supported prosecution case - Medical evidence corroborated..........
