Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) - Instead of holding TIP, PW6 was called to office of Superintendent of Police and accused was shown to him in the office - Identification of accused by PW6 in Court is not free from reasonable doubt, as it becomes very doubtful as accused was shown to..........
Agreement to sell -- Validity - Once purchase of stamp paper used for the purposes of execution of agreement to sell was doubtful, in the absence of examination of person to support said purchase, agreement to sell rightly discarded by Courts below especially when none of marginal witness belong to the same village to which parties to it belonged...........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Recovery of slippers of deceased at the instance of accused - Admittedly, there is no disclosure statement of accused with regard to place at which slippers had been kept by them and its absence, recovery itself would loose much of its sheen - Moreover, recovery effected..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Recovery of slippers of deceased at the instance of accused - Admittedly, there is no disclosure statement of accused with regard to place at which slippers had been kept by them and its absence, recovery itself would loose much of its sheen - Moreover, recovery effected..........
Civil Procedure Code, 1908, Section 30, 32, Order 16, Rule 10, 12 -- Summoning of police official - Diet money deposited - Evidence closed without making any effort to summon said official witness - Presence of such witness cannot be secured without assistance of Court - Impugned order set aside - Trial Court to ensure the issuance of process against summoned witness...........
Will -- Due execution - One attesting witness claimed that testatrix affixed her signatures in Will in their presence, which was vehemently denied by other attesting witness - Neither of attesting witnesses of Will fulfilled the mandate of S.63(c) of Succession Act to prove Will - In consequence, S.71 of Evidence Act had role to play in the matter - However, neither the..........
Will -- Proof of - Attesting witness of Will stated that testatrix may have lived for 2-3 years after execution of Will - However, she lived for barely a month and a half after execution of Will - Fact that attesting witness did not recall this crucial detail casts any amount of doubt on his credibility - Evidence of attesting witness does not inspire confidence on the..........
Evidence Act, 1872, Section 3 -- Eye witness - A witness who claims to be an eye witness must be in a position to identify accused in Court...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness has not identified both the accused in Court - Accused cannot be convicted in the absence of their identification by eye witness before Court - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant had turned hostile and shadow witness has not stated about demand made by accused in his presence - There is no clear and convincing evidence on record to show that accused had demanded and accepted bribe amount of Rs.500 from complainant -..........
