Criminal Procedure Code, 1973, Section 311 -- Recall of PW8 - After around three years from the date of closing of cross-examination - Cross-examination of person should have been completed on the very same date of his examination-in-chief - At this belated stage, there would be no purpose for cross-examination as it is practically not possible for a witness to reply such..........
Evidence Act, 1872, Section 45, 73 -- Handwriting expert - It is never mandatory that a handwriting expert is always appointed by Court only and any party to litigation itself cannot the comparison done through a private expert and prove the report by producing the said expert as witness. ( Para 15)..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Minor alterations regarding date of pronote and receipt were neither set up in defence nor even proved to have caused any prejudice to defendant, also may not come to his rescue, particularly when no complaint or any FIR regarding any forgery about execution of two documents in question was ever made by..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signature of defendant over pronote as well as receipt have been proved on record by handwriting expert - Suggestion having been put to plaintiff in his cross-examination that amount stands paid itself establishes the factum of payment of money against pronote - On the contrary no evidence was produced on record..........
Indian Penal Code, 1860, Section 420, 465, 467, 471, 474, 34 -- Cheating - Fraudulent sale deed - Attesting witness to a sale deed cannot be dragged into a web of crime, if there is no other allegation except that he is an attesting witness - Proceedings against attesting witness quashed...........
Evidence Act, 1872, Section 3 -- Testimony of eye witness - Minor contradiction in number of injuries in the testimony of eye witness not fatal to prosecution case - Nor can prosecution case altogether be negated because fatal injuries in opinion of autopsy surgeon could not have been caused by recovered knife...........
Indian Penal Code, 1860, Section 302, 114 -- Murder - Presence of accused at the spot was proved beyond reasonable doubt - Nothing on record to establish that eyewitness or post occurrence witnesses were not present at the place of offence or PWs description of incidence was imaginary - Sufficient corroboration of eye witness account with depositions of post occurrence..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Abnormal/insane behaviour of accused at the time of assault and immediately thereafter is worth notice - Star witness of prosecution stated that accused was fond of deceased and he loved deceased a lot - When accused was arrested, PW14 medically examined him and found that he appeared to..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
