Related witnesses -- Testimony of a related witness cannot be rejected solely on the ground that he is related to the deceased - However, his testimony should be looked into with caution...........
Witness -- Non examination of some of the witnesses mentioned in FIR is not fatal when prosecution case is proved from the testimony of natural witnesses and their testimony is found wholly reliable...........
Criminal Procedure Code, 1973, Section 164 -- Accused cannot be convicted merely on the statement of a witness u/s 164 Cr.P.C. - It is not a substantive piece of evidence - It can be used for the purpose of contradicting or corroborating the witness - Accused cannot be convicted without corroboration from other evidence...........
Witness -- Appreciation of evidence - Evidence of a witness has to be taken into consideration as a whole and not by tearing the same into pieces...........
Injured witness -- Testimony of an injured witness is given importance...........
False implication -- Reasons not suggested for such false implication - Evidence of a witness cannot be disbelieved in absence of reasons for such false implication...........
Criminal Procedure Code, 1973, Section 164 -- Evidentiary value of statement u/s 164 Cr.P.C. - Statement recorded u/s 164 Cr.P.C. can never be used as substantive evidence of truth of the facts but may be used for contradictions and corroboration of a witness who made it and it can be used to cross examine the maker of it and the result may be to show that the evidence of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Certain fact not mentioned in FIR - This is of no consequence - FIR does not constitute substantive evidence - It can only be used as a previous statement for the purposes of either corroborating its maker or for contradicting him and in such a case the previous statement cannot be used unless the attention of witness has..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Closure of evidence - Attesting witness of Will - A Govt. servant - Applied for leave to depose in the case but leave was refused - Witness could not be produced not because of any deliberate neglect or inaction on the part of he appellants but on account of the refusal of casual and station leave prayed for by him - Non..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk from Maruti van - Appellant seated on back seat - Driver acquitted - Appellant also acquitted - Observed following infirmities:- (i) Seal after use not given to independent witness; (ii) Form 29 not prepared at spot; (iii) Nine days delay in sending sample to laboratory; (iv) Two..........
