Indian Penal Code, 1860, Section 364A, 307, 34, Arms Act, 1959, Section 27(1) -- Offence u/ss 364-A, 307, 34 IPC - Nothing on record to indicate that there was any demand of ransom from his family - PW4 was allegedly hit by bullet, however nothing on record to indicate and prove that PW4 was taken to any hospital - Moreover, non-examination of I.O and doctor and absolute..........
Service -- Appointment - Denial of - Appellant though passed the selection examination but he was denied the appointment on basis of amended rule which does not even apply in the case of appellant - High Court on one hand thought it fit to proceed with contempt action against erring officers of State Government, but at the same time, denied relief to appellant on basis..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Common intention of accused was never established by prosecution to connect them with crime charged - Deceased died of multiple injuries - Prosecution failed to establish for two accused `R' and `M' as to which injury is inflicted by which accused on the deceased, which resulted in death - Moreover, in the absence..........
Civil Procedure Code, 1908, Order 16A, Rule 2 -- Examination of plaintiff confined in jail - If Court finds it difficult to get recorded oral testimony of plaintiff then Court can get the testimony recorded under Video Conferencing Rules, 2020 - Closure of evidence of plaintiff set aside...........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
Evidence Act, 1872, Section 65B -- Whatsapp messages - Proof - Screen shot of whatsapp messages are secondary evidence - Admissible in evidence subject to requirement of S.65-B of Evidence Act with liberty to accused to cross examine complainant with regard to authenticity of said electronic documents and certificate - Evidentiary value and relevancy of said electronic..........
Evidence Act, 1872, Section 65B -- Whatsapp messages - Proof - Screen shot of whatsapp messages are secondary evidence - Admissible in evidence subject to requirement of S.65-B of Evidence Act with liberty to accused to cross examine complainant with regard to authenticity of said electronic documents and certificate - Evidentiary value and relevancy of said electronic..........
Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - No evidence that recovered articles were sealed at the time of recovery or that they were kept secure in the Malkhana of police station till the same were subjected to identification before Executive Magistrate -..........
Indian Penal Code, 1860, Section 302, 307 -- Double murder case - Testimony of eye witnesses - Evidence of eye witnesses is categoric on the aspect that gunshots fired by accused struck deceased on his stomach and chest - Nothing could be elicited in their cross-examination which creates a doubt in the mind of Court regarding presence of eye witnesses at the crime scene -..........
