Indian Penal Code, 1860, Section 302, 325, 323, 341 -- Murder - Ocular version of injured eye witnesses corroborated by medical evidence - Post mortem report of deceased reveals that he had suffered 23 injuries with blunt weapons - Statement of DW1 failed to rebut the testimony of eye witnesses - Some civil and criminal disputes were going on between parties, which shows..........
Delhi Rent Control Act, 1958, Section 14(1)(j) -- Eviction order - Subletting - Subletting is clearly proved by testimony of PW1, who has stated specifically that tenant is living in premises along with his wife and son - Testimony has gone un-rebutted, as both tenant and alleged sub-tenant chose not to appear before Rent Controller or to lead any evidence - Un-rebutted..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness - Eye witness clearly stated that accused were not the assailants - Scientific evidence also absolutely vague - Motive of murder also not present - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 302, 34 -- Rape and murder of minor girl - Testimony of most important PWs 8 & 9 contains too many loop holes - There are too many links of circumstantial evidence which point away from guilt of accused - Inaction of both these witnesses leads to doubt about involvement of accused - Conviction and sentence set aside - Accused..........
Evidence Act, 1872, Section 3 -- Testimony of sole eye witness - Whatever may be reason, the diametrically opposite testimony of sole eye witness would completely erode his credibility...........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Testimony of sole eye-witness - Once testimony of sole eye witness discarded it would result in acquittal of convict because they were directly named by sole eye-witness as being present at the spot and of having fired shots/exhorted/driving and..........
Indian Penal Code, 1860, Section 302, 307 -- Murder of wife and daughter - Testimony of PW1/son of accused - Accused allegedly poured kerosene oil on wife and children - Presence of PW1 saved him and also made him crucial eye witness in the episode - Version of eye witness that he fled away from scene of offence at that point of time when his father/accused was about to..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - First circumstance of A1 pointing out place of murder of deceased - Evidence of Police Officials that place of murder of deceased was not in knowledge of police until A1 took police to spot - No valid ground to disbelieve testimony of..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3 -- Kidnapping and Murder - Circumstantial evidence - Chance Witness - Testimony of chance witness though not necessarily false, is proverbially unsafe to rely upon...........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Kidnapping and Murder - Circumstantial evidence - A1 has admitted that deceased was present with her till afternoon on the date of incident - Statement made by accused u/S.313, Cr.P.C., can be used as aid to lend credence..........
