Indian Penal Code, 1860, Section 302 -- Murder - Testimony of PW1 and PW4 - Glaring contradictions between testimony of PW1 and PW4 regarding type of material object used and role of A-2 and very foundation of case of prosecution stood shaken - Trial Court disbelieved the evidence of PW1, as nothing was stated in FIR regarding injuries sustained by him but she spoke about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 27 -- Confessional statement of accused - Not admissible in evidence against a co-accused - However, confessional statement made by an accused in custody of police which leads to discovery of a fact is admissible in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 37 -- Recovery of 32 kg 960 gms charas - Order of framing of charge - Accused implicated on basis of confessional statement of a co-accused which is not admissible in evidence - He is owner of truck - Statement of co-accused to the extent it relates to recovery of charas that had been concealed inside..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Filling up lacunae - Said reason is not an absolute bar in allowing application u/s 311 Cr.P.C. - A crucial and vital piece of evidence ought not be obstructed...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Court is vested with a broad and wholesome power to summon and examine or recall any material witness at any stage and closing of prosecution evidence is not an absolute bar...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Power u/s 311 Cr.P.C to summon a witness is conditioned by requirement that evidence of person who is sought to be summoned appears to Court to be essential to just decision of case...........
Criminal Procedure Code, 1973, Section 311, 91 -- Summoning of witness - For purpose of producing decoding register - Decoding registers merely being additional documents required to be able to appreciate existing evidence in form of call details which are already on record - But use codes to signify location of accused, a crucial detail, which can be decoded only through..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of proceedings - Production of call record details to contend that accused was not present at the time of occurrence - Proceedings cannot be quashed when there are disputed questions of fact which require evidence...........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f) -- Notice sent by registered post to correct address - Same when received back with postal endorsement with regard to non service of any reason, except incorrect address shall be treated sufficient service of notice...........
Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 233 -- DNA test - To prove innocence of accused and not to establish relationship between applicant and informant - No impinge on personal liberty and right to privacy or family members...........
