Evidence Act, 1872, Section 154 -- Hostile witness - Cross-examination of one's own witness - Request to cross examine one's own witness should be made during course of examination of witness and before examination is concluded and not after words - Even one day's delay after conclusion of recording of evidence of the concerned witness is fatal...........
Evidence Act, 1872, Section 154 -- Hostile witness - Applicability of S.154 of the Act to civil cases - S.154 of the Act does not make any distinction between civil and criminal cases - Wide discretion is vested in Court to permit a person who calls a witness to put any question which can be put in cross-examination by adverse party - However, it is required to be..........
Evidence Act, 1872, Section 154 -- Hostile witness - Cross-examination of one's own witness - DW2 turned hostile and deposed against chief examination and colluded with plaintiff - Defendant filed application to declare him hostile after 2 adjournment and 20 days of closure of evidence of DW2 - More so, no details are furnished as to in what context and how DW2 resiled..........
Indian Penal Code, 1860, Section 304, Evidence Act, 1872, Section 32 -- Offence u/s 304(Part I)PC - Dying declaration - Solitary evidence against accused - All eye witnesses to incident turned hostile - Only evidence against accused is dying deceleration of deceased - Deceased was fully conscious and in a position to understand situation at the time of recording dying..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 154 -- Murder - Circumstantial evidence - Hostile witness - Close relatives of deceased not supported prosecution case in entirety and they were declared hostile - However, no family member have attended funeral of deceased - Conduct of witnesses is unusual, as they have tried to save accused by..........
Indian Penal Code, 1860, Section 376, 457 -- Rape - Lurking house trespass at night - Circumstantial evidence - Allegation that accused entered in the house of prosecutrix at night and pointed a 12 bore katta on her and committed the offence - However, said 12 bore katta not recovered - No injury on private or other parts of body of prosecutrix - Even semen was not found..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - All witnesses of recovery turned hostile - Motive not proved on record - Prosecution failed to prove its case beyond reasonable doubt on circumstantial evidence of last seen, recovery of lathi, blood stained stone and cap of deceased - Benefit of doubt given to accused - Accused..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Oral dying declaration - Murder - Prosecution relied upon three witnesses regarding oral dying declaration of deceased - Two witnesses not supported prosecution story and thus, declared hostile - No evidence on record that deceased was conscious - It is very much doubtful that deceased who became..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PW2 not seen the occurrence and he only mentioned that deceased was in drunken condition went away from Dhaba - Other two last seen witnesses were declared hostile and not supported the prosecution story - Story stated by last seen witnesses do not connect accused at all - Last..........
Indian Penal Code, 1860, Section 460, 380 -- Offence u/ss 460, 380 IPC - Circumstantial evidence - Last seen evidence - All the witnesses of last seen theory not supported prosecution story and they had been declared hostile by prosecution - Theory of last seen not proved against accused...........
