Evidence Act, 1872, Section 24 -- Extra-judicial confession - Evidentiary value - Held, it is very weak type of evidence - Conviction cannot sustain on basis of such extra-judicial confession alone...........
Indian Penal Code, 1860, Section 300 -- Murder - Circumstantial evidence - Incriminating articles and murder weapon were found on disclosure and pointing of accused-appellant on 19.08.2003 inside bush - No bloodstains or blood trail were found on ground or on leaves, as probably due to heavy rains, bloodstains might have been washed out - While searching for blood trails,..........
Indian Penal Code, 1860 - - Abetment of suicide - Conviction - Validity - Version of PW3 cannot be believed as from outset she along with PW4 started embellishing fact - Statement of PW4 is an outraging replica of statement of PW3 - Apart that, according to PW4 purported dying declaration was made to him when PW3 was accompanying him in hospital - On other hand, it is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 274, 275, 276, 420, 120B, Trade Marks Act, 1940, Section 103, 104, Drugs and Cosmetics Act, 1940, Section 17B, 27 -- Bail - Offence u/ss 274, 275, 276, 420, 120-B IPC, Ss.103, 104 Trade Marks act & Ss.17-B, 27 of Drugs and Cosmetics Act - Nature and gravity of the accusation and severity of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Accused a doctor of good repute - Accused expressed repentance and remorse - He has voluntarily shown willingness to pay Rs.10,000/- as an additional compensation - Held, substantive sentence of imprisonment modified to imprisonment till rising of Court and be..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Conviction - Validity - PWs.1 and 2 did not totally depart from basic version of prosecution - They in fact supported basic version of prosecution - If their evidence and that of PW5 is considered in its entirety it is to the effect that appellant demanded bribe of Rs.5000/- from PW1 for..........
Interested witness -- An interested witness is one who is desirous of falsely implicating the accused with an intention of ensuring their conviction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 50 -- Opium - Gazetted Officer reached in official jeep and recovery made in his presence - Log book of jeep showed that the said Gazetted Officer did not use the jeep on that day - Recovery is doubtful when no independent witness was joined - Conviction set aside...........
Indian Penal Code, 1860, Section 457 -- Conviction u/s 457 IPC - Conviction set aside as : (1) All witnesses interested to the complainant; (2) Prosecution story quite improbable; (3) Circumstances do not corroborate the story; (4) FIR is delayed one; (5) Witnesses substantially improved their version; (6) No mens rea could have been attributed to the present petitioner;..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Whether a case of poison - Covering letter of Chemical Examiner made it clear that although no poison was found in the viscera, there were causes or reasons for no, detection of poison such as the poison having been excreted from the body, detoxicated, matabolised by the system or the poison being such as test..........
