Criminal Procedure Code, 1973, Section 319, 401 -- Summoning of additional accused - Order passed in a mechanical manner without considering the evidence on record and recording satisfaction that there was all likelihood of conviction of the additional accused - Impugned order set aside and matter remanded for decision afresh...........
Evidence Act, 1872, Section 3 -- Name of wife of deceased who allegedly saw occurrence did not find mention in FIR - However, other independent witnesses supported prosecution case - Accused, while fleeing from spot, had threatened those who were close by with dire consequences if they dared to intervene - No delay in recording FIR which carries mention about presence of..........
Criminal Procedure Code, 1973, Section 276, 277, 278 -- Taking and recording of evidence - Case transferred from one State to another - Change in court language - Evidence recorded by transferor court cannot be brushed aside having become redundant - To know the evidence already recorded, it is not essential to recall the witnesses as recording of fresh evidence is beyond..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Father, mother and brother of deceased quoted instances for proving cruelty which according to them was told by deceased to them while she visited their place - Held, evidence of father, mother and brother is admissible u/s 32(1) of Evidence Act so far it related to the cause of death - But evidence of these witnesses that..........
Evidence Act, 1872, Section 32 -- Cruelty - Father, mother and brother of deceased quoted instances for proving cruelty which according to them was told by deceased to them while she visited their place - Held, evidence of father, mother and brother is admissible u/s 32(1) of Evidence Act so far it related to the cause of death - But evidence of these witnesses that..........
Criminal Procedure Code, 1973, Section 482, 398 -- Private complaint - Complaint dismissed - Revisional Court remanded the case for `reviewing the same afresh' - High Court verified that direction issued by Revisional Court was a direction for a further enquiry - Trial Court recorded further evidence in the matter and summoned accused - Held, the nature of inquiry as..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Pre cognizance evidence by way of affidavit - S.200 Cr.P.C. for taking cognizance of case under general criminal law cannot be made applicable to take cognizance of offence u/s 138 of the Act - U/s 145 of the Act evidence of complainant by way of affidavit is receivable in evidence instead of..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Dowry death due to poisoning - Dying declaration made by deceased before doctor stating that her husband and mother in law used to harass her on account of dowry demand and because of such harassment she took the extreme step of consuming poison - Condition of deceased was very serious - Doctor..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Alleged to have been made by accused after his arrest and while he was in custody of police - Held, it cannot be accepted for recording conviction - Confessional statement suffered by co-accused too cannot be accepted it being exculpatory statement...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Criminal Procedure Code, 1973, Section 315 -- Recovery of charas - Conscious possession - Charas recovered from car driven by accused - Co-accused took lift in the car - Both the accused were knowing each other - Held, once recovery is effected, it has to be presumed that the accused was in conscious..........
