Indian Penal Code, 1860, Section 302 -- Triple murder - Death sentence - Appellant committed murder of his wife and two children - Motive behind murder established as appellant had imposed allegations of infidelity on his wife - Appellant was seen while coming out of house in early hours of morning - No explanation given by appellant as to how his wife and two children..........
Evidence Act, 1872, Section 74 -- Written statement - Certified copy - Pleadings of parties are not public documents - Certified copy of written statement filed in an earlier suit is not per se admissible in evidence...........
Evidence Act, 1872, Section 62, 64 -- Written statement - Filed in an earlier suit - Proof - Original record not summoned - Author or Advocate who scribed it not examined - Clerk of Advocate examined who identified the signatures on the document - Held, by identifying or proving the signatures, the contents of the documents are not proved - There is no valid proof in..........
Criminal Procedure Code, 1973, Section 200, 202, 203, 204 -- Protest petition - Summoning of accused - Protest petition filed by respondent No.2 was treated to be a complaint followed by recording of statement u/s 200 Cr.P.C. and thereafter of witnesses u/s 202 Cr.P.C. - However, Special Judge clearly ignored statement recorded by him and summoned applicants on basis of..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 181, 182, 177 -- Respondent No.2 alleged that petitioner No.2 made false statement and gave false affidavits in Court - On the complaint filed by Respondent No.2 Court could not have taken any cognizance - Magistrate could not summon petitioner No.2 for offences u/ss 177, 181 & 182 IPC as he could..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defendant appeared - Suit dismissed in default on the next date of hearing - Suit restored - Written statement filed within 30 days of restoration of suit - Written statement cannot be refused to be taken on record on ground that the same is not filed within 30 days of appearance of defendant in the suit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35 -- Contraband - Conscious possession - Recovery of 17 bags of poppy husk from vehicle - Accused found travelling in a tuck which was driven by one of them - Truck not a public vehicle - Accused belonged to different villages - Plea of false implication in statement u/s 313 Cr.P.C. - No other defence set..........
Indian Penal Code, 1860, Section 302, 149 -- Assault with deadly weapons by many persons - 4 accused acquitted by trial Court and remaining convicted - High Court confirmed the conviction - Appeal before Supreme Court - Name of PW3 not in FIR and his statement was recorded 2 days after the incident - Presence of PW3 at the spot doubtful - However, testimony of other eye..........
Indian Penal Code, 1860, Section 304 -- Statement of one PW not supporting prosecution story - Statements of eye witnesses some of whom were injured were consistent - Some embellishment in the prosecution case caused by reason of evidence of any of PW although not declared hostile by itself can't be ground to discard the entire prosecution case - Conviction confirmed...........
Criminal Procedure Code, 1973, Section 313 -- Omission to put to accused a question on a vital circumstance against him - If any material is not put to accused while recording his statement u/s 313 Cr.P.C. that material should not be taken into consideration - Where such an omission has occurred it does not ipso facto vitiate the proceedings and prejudice caused by such..........
