Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Cultivation of poppy plants - 20 plants were cut by Police from the fields - Demarcation of fields - Police failed to led any tangible evidence to prove that fields in question were demarcated in accordance with law in order to identify its owner - I.O should have taken into possession copy of Khasra..........
Evidence Act, 1872, Section 32 -- Dying declaration - Fit for statement - Although in every case, endorsement `fit for statement' may not be necessary - But since deceased was admitted to hospital with 90% burns and first endorsement on MLC of `not fit for statement' and patient being sedated through IU, makes endorsement `fit for statement' necessary in such cases...........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 32, 3 -- Dowry death - Dying declaration - Deceased sustained 90% burn injuries - Testimonies of father and mother of deceased do not repose confidence that any specific demand of dowry was made by appellant, brother-i, law of deceased or that he was responsible for torturing, beating or demanding..........
Indian Penal Code, 1860, Section 304(Part I), Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 154 -- Culpable homicide - Minor variation between statement of witness in FIR and in Court statement as to how assault originated - Cannot lead to doubt entire prosecution case especially when place, date and time of occurrence and injuries in course of the..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - Accused and deceased were together in the house before occurrence and thereafter deceased found dead - Accused failed to explain in his statement u/s 313 Cr.P.C as to how and when he parted company of deceased - Complicity of accused in commission of offence stands proved beyond all..........
Evidence Act, 1872, Section 138 -- Cross examination - One is required to put one's own version in cross-examination of opponent - Effect of non cross-examination is that the statement of witness has not been disputed...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Denial for want of knowledge is no denial at all - Execution of sale deed not specifically denied in written statement - Once execution of sale deed was not disputed it was not necessary to prove the sale deed - Provision contained in O.8.R.5 CPC require pleadings to be answered specifically in written..........
Suit for possession based on title -- Property in question inherited by seller of plaintiff being class II heir, as such she had right to sell property to plaintiff - Defendant No.3 on the other hand failed to prove her right over suit property - Moreover, execution of sale deed in favour of plaintiff is not specifically denied in written statement - Even if seller had not..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegation against distinct relatives of husband of complainant - Omnibus allegations of demanding money and assault have been levelled against all persons named in complaint - No specific date and time has been given to said incident in the complaint - Only allegation..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Testimony of injured witness - Merely because there are some variation between statement of PW1 and injured witness in the FIR and her Court statement regarding assault, cannot lead to doubting the entire prosecution case especially when place, date and time of occurrence and injuries to..........
