Indian Penal Code, 1860, Section 302 -- Murder - Testimonies of two eye witnesses believed - Question as to whether the bloodstains collected from the place of occurrence by IO had been sent to the Forensic Expert for chemical examination or not and whether knife was recovered or not pales into insignificance - Conviction upheld...........
Evidence Act, 1872, Section 3 -- Non examination of IO - Generally IO being not an eye witness his non examination could not be fatal to the prosecution - Where corroboration is lacking his testimony could be treated as important piece of evidence - In the present case statement of complainant - No corroboration - He is son of deceased - Interested witness - Held, that IO..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii), 52, 57 -- Charas - Recovery of - Non production of Malkhana Register in Court - IO sated that he had seen the seal over the sample before sending it to Laboratory and seal was found intact - No suggestion given to IO that sample were not sent for chemical examination in properly sealed condition - Non..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery from truck on secret information - Sample sent to Chemical Examiner after 30 days - FSL report that seals of the samples were found to be intact and tallied with the specimen seals - In cross examination of IO and DSP, no defence suggestion on delay in dispatch of sample for chemical..........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 323, 324, 504, 506, 307, 392 -- Application u/s 156(3) - FIR registered under orders of Magistrate - Two incised wounds found on head in medical examination - Police recorded statement of complainant during investigation - Final report submitted - Protest petition filed - Magistrate..........
Criminal Procedure Code, 1973, Section 311, 482 -- Summoning of Investigating Officer (IO) - Rejection of application for summoning of IO as Court witnesses - IO is a material witness in a criminal trial - Non-examination of a IO can lead to an adverse inference against prosecution - Reasoning that non-examination of IO is not fatal, erroneous - Directions given to summon..........
Indian Penal Code, 1860, Section 395, 300 -- Dacoity and murder - Accused entered house of complainant in night, threw bomb and took away valuables - Evidence of witnesses quite reliable - Witnesses stated about lanterns burning in their respective houses in the light of which they were able to identify the two appellants, who were admittedly well known to them long before..........
Indian Penal Code, 1860, Section 302, 149, 307 -- Murder and attempt to murder - Conviction by trial Court - Conviction upheld by High Court - Appeal against - Dispute over property - Accused assaulted prosecution party while they were returning after ploughing land - Deceased shot dead by one of assailants - Others assaulted with jaili and lathi - Concurrent findings of..........
Criminal trial -- Delayed examination of witnesses by investigating agency - Creates a doubt - In the instant case IO was not fair enough in investigation as a result of which superior officers transferred the investigation to another officer who after taking charge of the investigation recorded the statement of these witnesses - Delay sufficiently explained - No..........
Criminal trial -- Finger prints - Homicidal death - Conviction - Based on finger prints found on a brass jug in house of deceased - Failure to establish that seized articles were not or could not be tampered with before it reached Bureau for examination - Articles were kept in police station for five days without any justifiable reason - Seal was with IO since time of..........
