Evidence Act, 1872, Section 114(a), 27 -- Recovery of stolen property on disclosure statement - Time and nature of property is an important factor - If recovery is not in close proximity of time from the date of incident and recovery is either of cash, small things or vehicles which can be passed from one person to another without any difficulty then in that situation..........
Evidence Act, 1872, Section 154, 3 -- Hostile witness - Evidentiary value - Held, evidence of 3 hostile witnesses can't entirely be discarded and can be used for limited purpose of corroboration of other evidence on record - Therefore, considering the evidence of independent eye-witnesses as well as evidence of 2 injured witnesses, statement given u/s 161 of Cr.P.C. by 2..........
Agreement to sell -- Specific performance - Conduct of defendant in putting forth different theories in written statement and in the witness box - Defence raised rejected...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - A plea not taken by accused in his statement u/s 313 Cr.P.C. - Defence evidence on that plea is meaningless...........
Defence evidence -- Evidence of defence witnesses that the accused had been working in their paddy filed at the time of occurrence of the crime - Said witnesses never got their statement recorded by I.O. nor they disclosed such fact to any other person, and examined for the first time in Court - Defence evidence not believable...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - No evidence that deceased and accused were seen together at the spot of occurrence or nearby the same in close proximity of time - No unanimity regarding manner in which accused arrested - Extra judicial confession allegedly suffered before chance witness and not corroborated by any independent..........
Evidence Act, 1872, Section 27 -- Facts discovered pursuant to statement of accused is very limited - Weapon of offence recovered pursuant to statement of accused made to police officer - No evidence to connect weapon with the crime - No inference can be drawn against the accused...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Proof - Doctor has certified that at the time of giving statement, patient was in a sound state of mind - It is stated by PWs.10 and 11 that weapon of assault had fallen at the spot and police had come on next day and seized same whereas prosecution case is that the said weapon was recovered as a consequence of..........
Evidence Act, 1872, Section 61 -- Post mortem report - Proof - Doctor examined - Proof of post mortem report does not mean proof of contents of the report in absence of doctor making mention thereof in his examination-in-chief or cross-examination - Statement made in Court is the only substantive piece of evidence...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C.- It is duty of Court to examine accused and seek his explanation on incriminating material that has surfaced against him - Circumstances not put to accused in his examination u/s 313 cannot be used against him and have to be excluded from consideration...........
