Indian Penal Code, 1860, Section 304B, 498A, 328 -- Cruelty and dowry death - Proof - Deceased's mother has not indicated in court that there was a demand of dowry - Independent witness does not support demand of dowry, although he is related to informant and was present throughout with mother of deceased - Father of victim girl has attributed demand of dowry, as motive..........
Evidence Act, 1872, Section 154 -- Hostile witness - Witness even if declared hostile that by itself cannot wash out his evidence...........
Interested witness -- Merely on this ground alone evidence of a witness cannot be rejected...........
Indian Penal Code, 1860, Section 302 -- Testimony of sole eye witness convincing, reliable and trustworthy - Conviction can be based on the reliable and convincing evidence of the sole eye witness...........
Evidence Act, 1872, Section 132 -- Prosecution witness - Evidence given by a prosecution witness cannot be used for the purpose of prosecuting him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100 -- Independent witness - One independent witness available at the time of search and recovery won over and same examined by accused in defence - No other independent witness was present at the time of search and at the time of recovery as such search and recovery..........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Proof - MLC doctor has categorically stated that victim received only one injury - Victim is somersaulting his earlier stand that three persons including present appellant dealt bhala blows on him and now is confining his statement upto the extent that only one person and that too appellant dealt bhala blow on his..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witness - Delay in recording - Held, delay of few hours by itself in recording statement of a witness does not amount to serious infirmity, unless there is material to suggest that investigating agency had deliberately delayed recording of statement in order to afford an opportunity to maker to set up a case of his..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Omission of material facts - Effect thereof - Held, omission of material facts pertaining to crime in FIR is a relevant factor in judging veracity of evidence of maker of FIR - But by itself is not sufficient to throw evidence of said witness - If evidence of said witness is otherwise found to be credible, omission in FIR..........
Evidence Act, 1872, Section 3 - - Murder - Testimony of witness - Approach to be adopted - Held, it is a general handicap attached to all eye-witnesses if they fail to speak with precision their evidence is assailed as vague and evasive - On contrary if they speak of all events very well and correctly their evidence become vulnerable to be attacked as tutored - Both..........
