Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C - If Magistrate prefers to hold an inquiry himself, it shall not be imperative for him to examine witness on oath and in suitable cases, he may examine documents for satisfying himself, as to sufficiency of grounds for proceeding u/s 202 Cr.P.C...........
Evidence Act, 1872, Section 3 -- Eye witness - When there is an effort to falsely implicate one accused person, statement made by such an eye witness cannot be relied without strong corroboration...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - For trial u/s 302 IPC, if a witness is branded as untrustworthy having allegedly twisted facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court can summon persons who have been charge sheeted as accused on the basis of examination-of-chief of a witness - It is not necessary that witness should be cross-examined before such person can be summoned u/s 319 Cr.P.C...........
Will -- Suspicious circumstances - No attesting witness of Will has been examined as per provisions of S.68 of Evidence Act - Even, thumb impressions of testator has not been got proved from any handwriting and fingerprint expert - No reason assigned in the Will that why widow of testator was deprived from bounty of deceased and even no provision for her maintenance has..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Accused intends to bring the witness to substantiate his position in the case whereby exact nature of individual role or motive or nature of allegation may get some factual benefits whereby he is facing trial as accused - It would not cause any dent to prosecution because that aspect must have been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304 -- Bail - Offence u/s 304(Part I)PC - Accused is behind the bars since 16.2.2023 - Investigating agency has already concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not made any progress, as out of 23 witnesses cited by prosecution, only one witness has..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Incident was witnessed by friends of deceased as per FIR - However, said witnesses not supported prosecution case and were declared hostile - PW13, who was also alleged to be eye witness to the incident not found at the place of occurrence by brother and mother of deceased when they reached place of occurrence..........
Adverse possession -- Plaintiff claiming his adverse possession since 1960 - Defendant produced Khasra Girdawaries from 1963-64 to prove possession of father of plaintiff in revenue record as tenant - Copies of khasra girdawaries may not carry the presumption of correctness, however they still form a part of official record - PW3 who is plaintiffs witness admitted in cross..........
Evidence Act, 1872, Section 3 -- Injured witness - Importance of injured witness in a criminal trial cannot be over stated - Unless there are compelling circumstances or evidence placed by defence to doubt such a witness, this has to be accepted as an extremely valuable evidence in a criminal trial...........
