Evidence Act, 1872, Section 3 -- Evidence of PWs - Minor discrepancies on trivial matters, which do not affect root of prosecution case, should not be taken into consideration as they do not form grounds to reject evidence as a whole...........
Evidence Act, 1872, Section 3 -- Statement of an eyewitness - Cannot be discarded merely because her name was not given in FIR, as FIR is not considered to be an encyclopedia of occurrence...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Allegation against husband of deceased - Unnatural death of deceased occurred within 7 years of her marriage - Deceased was so harassed even her father told her that she may live or die in her matrimonial home - Parents of deceased refused to take her back to..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - In order to prove the case based on circumstantial evidence, prosecution is to complete the chain...........
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 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..........
Evidence Act, 1872, Section 3 -- Variance between medical and ocular evidence - Oral evidence has to get primacy and medical evidence is basically opinionative - Testimony of eye witness cannot be thrown out on the ground of inconsistency...........
Evidence Act, 1872, Section 3 -- Civil suit - Report of investigation prepared by police - Not binding on civil Court...........
