Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Recall of order - Maintenance granted to wife on the ground of long co-habitation - Contention of husband that there is no eye witness to marriage is not a ground to recall the order granting maintenance...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Plea of misuse of cheque - To substantiate such contention accused did not enter witness box nor produced any documents - Complainant has proved that cheque was issued by accused towards discharge of legally enforceable debt i.e. towards hand loan received by him - Accused rightly convicted...........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Questions were put with the object of proving that prosecution case was doubtful - Causes serious prejudice to the defence of accused - Accused rightly acquitted...........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Plea that if there is prejudice then evidence of such witness can be discarded - Held, if questions would have been allowed, there was a possibility that the answers might have been relevant to discredit the..........
Indian Penal Code, 1860, Section 324, 427, 504, 34 -- Offence u/ss 324, 427, 504, 34 IPC - Injury certificate of complainant indicates that he had suffered blunt trauma to right hand - Medical opinion sought by police indicates that there is possibility of injuries being self inflicted - Requisite ingredients to constitute offence u/s 324 IPC are completely absent -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)ii)(B) -- Contraband - PW5/independent witness categorically stated that he signed arrest memo and mahazar at the spot but he did not identify accused before Court - Other independent witness PW9 is a person having acquaintance with accused for about 10 years - It is thus, confirmed that PW9 did not state..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Deceased sustained injuries on account of accident as per dying declaration - Accused himself had sustained 8% burn injuries in trying to extinguish fire sustained by deceased coupled with the fact..........
Will -- Proof - For the purposes of S.69 of Evidence Act, it is not enough to merely examine a random witness who asserts that he saw attesting witness affix his signature in the Will. (Evidence Act, 1872, S.69)...........
Will -- Suspicious circumstance - Scribe of Will categorically stated that instructions for scribing it were given by some other woman and not testatrix - Whereas, PW1 stated that it was testatrix herself who had given such instructions - Neither of attesting witness of Will examined before trial Court in compliance of S.68 of Evidence Act - Will held, not proved...........
