Indian Penal Code, 1860, Section 302, 148, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal by trial Court - Conviction by High Court - Appreciation of evidence - As per evidence on record, identification of accused not proved on record - Even, there is delay in lodging of FIR which provided opportunity to informant and other PWs to implicate their..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Ocular evidence of PWs 3, 4, 10 and 11 shows that A-1 had grudge against deceased because much prior to incident it was seen and heard by them that deceased used to object A-1 for his having close association with one person who was involved in..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Maruti Van carrying accused was seen moving prior to commission of offence in the area in question - Said Van recovered at the instance of A-3, as he was driver of same - Said fact is proved by two Courts below with the aid of PWs -..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Recovery and identification of stolen articles - Deceased was found dead in his shop where several articles were found missing - Said articles were recovered and got identified at the instance of accused - Recovery proved as per PWs - No explanation given..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Recovery of blood stained clothes - Clothes were recovered at the instance of accused and duly proved in evidence - This equally is one of relevant circumstances in proving chain of event which led to commission of crime, which was not challenged by..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - Discovery of weapon of crime and lock and key of shop of deceased where he was found dead - Weapon of offence was discovered at the instance of A-3 and lock and key discovered at the instance of A-1, which was proved with the aid..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Role of A-5, A-6 and A-7 in commission of crime - Prosecution failed to prove beyond doubt that A-5 fired from his firearm, which missed as alleged - No evidence on record in the form of recovery of weapon or even missed bullet - A-5 thus, entitled to be acquitted on ground of benefit of doubt - So far as A-6 and..........
Hindu Marriage Act, 1955, Section 11, 12, 24 -- Annulment of marriage - Striking off defence of husband - Non-payment of maintenance pendente lite - Defence of husband stands struck off because of no, payment of maintenance pendente lite and litigation expenses - There is thus, no evidence led by husband for purpose of seeking annulment of marriage - Judgment and decree..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Determination of compensation - Market value - Land situated in midst of well-developed area of the city and is surrounded by several big factories, industrial estates and housing colonies - Even land is suitable for construction of buildings - There is enough evidence to prove potentiality of land - Hence,..........
Evidence Act, 1872, Section 112 -- Second DNA test application - Maintainability - Paternity of child - Earlier DNA test was ordered and samples were taken in presence of Advocate Commissioner appointed by Court below - Report was submitted, there cannot be any legitimate apprehension on part of petitioner that process of DNA test was manipulated - Apprehension expressed..........
