Indian Penal Code, 1860, Section 302, 34 -- Murder - Gun shot injury - Failure to produce a report by a ballistic expert who can testify to fatal injuries being caused by a particular weapon is not sufficient to impeach credible evidence of direct eye witnesses...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of three eye witnesses - Eye witnesses deposed about presence of deceased at the pond and presence of accused at the place of occurrence - They also stated that accused having exhorted co-accused to kill deceased and co-accused shooting the deceased, as a result deceased sustained injury on chest and collapsed..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused reached the spot with a lathi along with co-accused who had a pistol - Evidence on record established common intention in pursuance of which accused exhorted co-accused to kill deceased - Accused's exhortation was crucial to commission of crime since it was only after he made statement that..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against husband - Unnatural death of deceased occurred due to poisoning - There was demand of dowry as proved by evidence of parents of deceased - Even, deceased was sent back to her parental home to secure fulfillment of said demand, but parents of deceased being unable to fulfil demand had counselled and..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against mother-in-law - No specific instances referred by trial Court while convicting accused, where she had been ascribed any specific role in making demand and inflicting cruelty - Presence of accused at the time of occurrence not spoken about - No specific evidence with regard to demand being made by..........
Service -- Misconduct - Removal from service - Inspector conducted inspection of vehicle in which workman is conductor and found that 17 passengers were without ticket - Said fact has not been disputed in cross-examination - When inspector tried to record statements of passengers, conductor misbehaved with him and used unruly words - Mere fact that Inspector was not able..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Plaintiff and defendants have filed separate suits in respect of same property and both the suits were clubbed - Since the plaintiff's suit is earlier in point of time and that defendant's suit is clubbed with plaintiff's suit, as such plaintiffs were rightly directed to lead evidence first...........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59, Evidence Act, 1872, Section 10 -- Attack on police party - Test Identification Parade - As per prosecution, apart from police party who were escorting accused in train there were about 50-60 passengers - No independent witness was examined - Out of four young boys..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Such application should contain the list of documents giving full particulars thereof and copies sought to be filed as additional evidence should be served on the other side...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of main appeal without deciding application for additional evidence would result in miscarriage of justice...........
