Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased reached home in the night and told PW1 and PW8 about quarrel between him and accused earlier to incident in question - Said statement of deceased cannot be treated as a dying declaration, because deceased did not died on account of that quarrel...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 6 -- Murder - Res gestae - PW4 called PW5 over phone and told him that accused and deceased had a quarrel in bakery - Evidence of PW4 though hearsay would still be relevant u/s 6 of Evidence Act...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Circumstantial evidence - Serious discrepancies in statement of PWs regarding presence of deceased at home or at the place of incident - Informant alleged that accused dropped deceased home after killing him, which too is against normal human behaviour - Neither there is any clear motive for accused to administer..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by Courts below that plaintiff failed to show his ownership and possession over plot in question - Finding of fact is based on proper appreciation of evidence on record - Plaintiff rightly not entitled to decree for permanent injunction - Second..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - To collect evidence - Not sustainable in law - Appointment of Advocate Commissioner sought after three years of filing of written statement which clearly indicates intention of plaintiff to protract the proceedings - Order appointing Local Commissioner, set aside...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Petitioner was about 17 years of age at the time of incident - He was driving the offending vehicle at the relevant point of time - It is a matter of evidence whether matter falls within definition of S.304-A IPC or S.304(Part I)PC - No evidence on record that if petitioner is..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of less than 8 years old girl - Identification of accused - Victim identified accused in Court - Though, victim did not know accused by name at the time of incident, however there is no evidence to suggest that victim was not acquainted with accused or had not..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought will enable a comprehensive adjudication - There will be no change in nature of suit - Evidence yet to begin and trial is at initial stage only - Amendment allowed...........
Evidence Act, 1872, Section 106 -- Burden of proof - Murder case - When prosecution failed to prove basic facts as alleged against accused, burden could not be shifted on accused by pressing into service the provisions contained in S.106 of the Act...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Allegation against husband and mother-in-law - Cause of death was due to ante-mortem injuries - However, PWs had no knowledge as to how, when and where deceased was killed and burnt - Entire investigation carried out by I.O was in a very cursory and shoddy manner - There was no recovery and..........
