Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 32 -- FIR - FIR lodged by deceased is admissible u/s 32 of Evidence Act...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Deceased specifically stated in all the three dying declarations that accused her Devar after pouring kerosene oil on her set her on fire - However, no question was put by Naib Tehsildar in dying declaration Ex.P5 with regard to cause of incident - When no question..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Merely because there is some confusion regarding time of recording police statement and dying declaration Ex.P5, it cannot be said that it goes to root of prosecution case - Neither police statement nor said dying declaration can be discarded on account of minor..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Fitness certificate - Doctor had given the fitness certificate after examining the injured - Whether fitness certificate was written in the duty room or it was written in the ward itself, would not make much difference - More so, doctor and Naib Tehsildar are..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Plea of alibi - Accused pleaded that he had gone for doing labour work at the time of incident - However, accused has not examined any witness in his defence - Except bald statement of hostile witness/PW3, nothing on record to suggest that at the time of incident, accused was not present on the..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment without issue wise finding - Judgment passed without considering and appreciating material evidence on record which appears to be cryptic - Impugned judgment set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Demand of money for construction of house even by deceased from her mother or uncle - Evidence on record that deceased was pressurized to make such a request for money - It was not a case of complicity but a case of helplessness faced by deceased in such adverse circumstances...........
Evidence Act, 1872, Section 137 -- Written arguments - Cannot be treated as pleadings or affidavit for which a party can be called in witness box for cross examination...........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 3 -- Temporary injunction - At the time of deciding an application U.O.39.Rr.1, 2 CPC, summoning a witness for cross-examination is not permissible in view of what has been contained in O.19.R.3 CPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Prima facie there is no substantial material available with prosecution at the time of arrest to connect accused with allegations levelled against them in drug trafficking except..........
