Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 9 kg. of heroin - Non examination of public witnesses - One witness died and the other left the given address - No adverse inference can be drawn against prosecution for non examination of public witnesses - Further in the absence of deposition of public witnesses, the testimony of official..........
Indian Penal Code, 1860, Section 302 -- Murder - Independent witness - Non-examination - Effect - Held, no, examination of independent witness would not be fatal to case of prosecution when evidence of injured related witnesses found to be natural...........
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 68 -- Lease deed - Registered - Execution admitted by the executant - Held, it is not necessary to examine any attesting witness to prove the lease deed...........
Indian Penal Code, 1860, Section 302, 201, 404 -- Murder - Conviction - Validity - Case based on circumstantial evidence - Motive not proved - Last seen theory advanced by prosecution witnesses does not inspire confidence - Extra-judicial confession alleged to have been made by accused persons not established - Independent witness shown in documents not examined - Weapon..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Appellants armed with sword and gupti alleged to have assaulted deceased and caused his death - Serious flaw in conduct of case by prosecution - Discrepancies and contradictions in evidence cannot be ignored - Non-examination of injured witness fatal to case of prosecution - Held, conviction liable to..........
Criminal Procedure Code, 1973, Section 274 -- Trial of summon cases - Recording of evidence - Held, evidence will have to be recorded before Magistrate and Magistrate shall record substance of evidence as examination of each witness proceeds...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Unlawful assembly and murder - Proof - Accused persons alleged to have inflicted knife blows on deceased - Sole witness, brother of deceased, deposed that he hide himself due to fear on seeing accused - Incident occurred at about 10.00 P.M. and trauma of occurrence and that of accused armed with knives is sufficient for a..........
Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 19 -- Recording of evidence - Appointment of commission - Application filed by defendants to record their statements by appointing commission - Rights of defendants to lead further evidence closed in terms of order of Court - Held, provisions not applicable to party to litigation who..........
Relative witness -- Merely because a witness is relative of the deceased is not a reason for discarding his evidence - Evidence of relatives can be acted upon if Court finds that evidence of such a witness is reliable and trustworthy...........
Evidence Act, 1872, Section 3 -- Relative witness - Reliability - Held, witness who is a relative of deceased or victim of crime cannot be characterized as `interested' - Term `interested' postulates that witness has some direct or indirect `interest' in having accused somehow or other convicted due to animus or for some other oblique motive - A close relative cannot be..........
