Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Reliability - Disclosure made by accused led to recovery of dead body - Accused not in police custody when disclosure made - Held, recovery of dead body of the deceased may not be considered as recovery u/s 27 of the act - Prosecution cannot put reliance on such confession or recovery...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Murder - Accused allegedly made disclosure statement leading to the recovery of dead body - While recording statement u/s 313 of the Code, it was not even suggested that he had made any disclosure statement leading to the recovery of dead body - Held, such evidence cannot be used against the accused at..........
Evidence Act, 1872, Section 27 -- Murder - Accused allegedly got recovered from the room of occurrence a towel and vest worn by him when crime committed - Accused also got recovered bat allegedly used in committing murder - Held, place of recovery is the room shared commonly by accused, deceased and one other person - The room was also assessed by investigating officer..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Crushed poppy straw - Recovery of 21 kg. - Accused sentenced to 10 years RI and to pay a fine of Rs.one lakh - Quantity less than commercial quantity - Sentence reduced to already undergone - Fine reduced to twenty five thousand...........
Civil Procedure Code, 1908, Order 18, Rule 17, 17-A -- Recall of witness for cross examination - Witness appeared 9 times for his cross examination - Application disallowed - Held, there cannot be more unjust situation and travesty of justice if in a small suit for recovery witness has to appear nine times for his cross examination...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused charge sheeted for offence of having murdered his wife - Brothers of deceased testified that there was matrimonial discord between the accused and his wife and that accused used to maltreat the deceased - Accused found absconding and was arrested on the next day - Probable time of crime was midnight when husband is..........
Criminal Procedure Code, 1973, Section 125, 128 -- Maintenance - Recovery of arrears - Held, after an order is passed directing to pay maintenance, party in whose favour such an order has been passed has got two options to recover arrears - He can choose to approach Court u/s 125(3) Cr.P.C. requesting Court to punish defaulter by imposing appropriate imprisonment - On the..........
Indian Penal Code, 1860, Section 300, 201 -- Murder and causing disappearance of evidence - Allegation that accused husband and co-accused second wife allegedly killed deceased and concealed her dead body - Evidence showing the presence of both the accused persons in the house on the date of incidence - No explanation furnished by either of accused as to how deceased was..........
Indian Penal Code, 1860, Section 302, 201 -- Offence u/ss 302, 201 IPC - Conviction - Circumstantial evidence - Failure to prove motive - Circumstance of last seen not supported by any witness - Recovery of slippers not proved as such there is no presumption of recovery being made at the instance of accused - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags each containing 40 Kgs of poppy husk from a jeep - Accused were traveling in jeep - All accused acquitted - Held, prosecution case suffers from following infirmities : (a) Search made before Tehsildar, but Tehsildar failed to identify accused in court; (b) Jeep damaged after hitting..........
