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 -..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witnesses - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim turned hostile and did not support prosecution case - However, in her cross-examination victim admitted that she was injured and taken to hospital - PW4 and PW6 are co-villagers and their presence at the time of occurrence was not challenged by defence - They are natural and competent witnesses who had seen..........
