Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused apprehended for acceptance of bribe amount of Rs.300 which he demanded from complainant for clearance of pension dues - Complainant turned hostile and stated that bribe was not demanded by accused - Accused convicted despite hostile statement of complainant as accused himself..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29 -- Recovery of poppy husk - Abetment & criminal conspiracy - Accused `P' was convicted on the basis of disclosure/confessional statement of co-accused - But the name of accused `P' had not figured in the disclosure statement of any of co-accused - Moreover, accused cannot be convicted on the basis of..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non-filing of - In the absence of denial of specific pleadings made in written statement, same are deemed to be admitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of smack - Non-compliance of S.50 of Act - Specific case of prosecution that I.O. reduced into writing the memo with respect to exercise of option of search by accused in presence of gazette officer - But no such memo placed on record - Moreover, there is no independent corroboration to such..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Permission to file written statement was sought after obtaining the copy of plaint by newly added defendant - There is no undue delay on the part of defendant - Moreover, provision of O.8.R.1 CPC is directory in nature and delay if any can be condoned in an appropriate case -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Independent witness - Independent witness of recovery not examined - Prosecution case entirely based on statement of police officials - Presence of police officer under whose supervision search and seizure was carried out highly doubtful - No seal affixed by him on articles of recovery -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 498A, 306 -- Two dying declarations - Abetment of suicide - While recording first dying declaration thumb impression of deceased was obtained, whereas while recording second dying declaration thumb impression of deceased could not be obtained as both hands of deceased were burnt - Moreso, while recording..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - Opportunity sought to file written statement when case was fixed for arguments, which was after a gap of eight years - Written statement not filed due to inadvertent oversight on the part of Advocate and was not actuated by any mala fide - Refusal to condone delay will cause serious..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused caused injuries to deceased with brick and danda on his face and head - Cause of death was declared shock and haemorrhage due to injuries which were ante-mortem and sufficient to cause death in ordinary course of nature - Ocular evidence is fully corroborated from medical evidence - Version of PW6 brother of deceased..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Reduction of sentence - Brother of present appellant committed murder of his wife - Appellant who lived away took no part in offence - But some recoveries were made on the strength of disclosure statement of appellant which was sufficient to implicate appellant in commission of offence - However, taking into..........
