Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Law does not require only an independent witness to prove a charge attracting the provisions of the Act...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - Deceased stated that conduct of mother-in-law prompted her to take extreme step - Sister of deceased was present when mother-in-law quarreled with deceased, but such material witness was withheld by prosecution - Dying declaration itself does..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witness - Presence of PW1 at time of occurrence is doubtful - PW1 stated in his cross-examination that when he came to bus stand, he saw police there and they obtained his signatures on typed complaint - Merely because PW1 stated in his examination-in-chief that a person by name of accused stabbed deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained clothes of accused - Blood stains were found on the clothes of accused - No explanation given by accused for the same - Involvement of accused in the occurrence thus, drawn - However, when two views are possible that testimony of eye witness not believable and blood stained clothes of accused points..........
Evidence Act, 1872, Section 32 -- Dying declaration - Mere failure of doctor not to issue certificate on the very statement and rather endorsing or certifying on other communication, itself will not be a good ground to raise doubt about capacity of deceased to give dying declaration - Even otherwise, certificate by doctor is mere rule of caution and not a necessity -..........
Evidence Act, 1872, Section 32 -- Dying declaration - Mere failure of doctor not to issue certificate on the very statement and rather endorsing or certifying on other communication, itself will not be a good ground to raise doubt about capacity of deceased to give dying declaration - Even otherwise, certificate by doctor is mere rule of caution and not a necessity -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere hostility by a witness, per se, would not be a sufficient ground to infer misuse of concession of bail...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - TIP is conducted as a part of investigation when an eye witness does not know accused before the incident - Identification of accused in TIP by eye witnesses though not conclusive, may give credence to identification of accused before Court by eye witnesses...........
