Will -- Proof of - Both the attesting witness of Will had died - Two sons of testator deposed about their presence when will was signed by him - They also identified signatures of person who drew and signed Will - Even, partition deed also relied upon by trial Court in which shares in accordance with terms of Will were distributed - This document was registered - Will in..........
Will -- Exclusion of daughter - Will is unregistered and only one attesting witness was examined who was related to testator and also participated in proceeding before revenue authorities for carrying out mutation in favour of defendant - Scribe of Will also not examined - Will discarded...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Non-recovery of weapon of offence - Where testimony of injured witness is more believable and is consistent throughout, non-recovery of weapon used in the crime would not be of much importance...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Lack of competence of previous counsel - Not a ground to reopen examination of complainant...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Change of counsel after discharge of previous counsel - Not permissible as every counsel representing a party can have a different point of view and new questions might crop up, which according to him may be material to the case...........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Evidence of PW1 not corroborated by any evidence - Neither I.O has prepared a map/rough sketch nor trial Court has taken pains in recording directions correctly in evidence - Police patil is not eye witness to the incident as evidence is only relevant to what he has seen after the incident..........
Electronic Video Linkage Rules for Courts (Kerala), 2021, Rule 8(23) -- Examination of witness through video linkage - CW1 is employed in Dubai, whose presence could not be secured without delay and also without spending travelling and other expenses - Case is pending for the last 11 years - Moreover, examination of witness either through physical mode or through video..........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Panch witness/PW4 has not stated that driver of offending vehicle was driving vehicle in a rash and negligent manner at the time of accident - Other panch witness/PW5 not supported prosecution case - No oral and documentary evidence available on record that accused was driving the offending..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Mother of deceased/PW25 is the main witness of last seen - She stated that she saw deceased with accused persons standing at the gate of her house - However, PW25 in her cross-examination when confronted with her statement u/s 161 Cr.P.C said that no such statement is..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - If testimony of eye witness relating to identity of accused inspires confidence in the mind of Court, absence of TIP by itself will not denigrate identification of accused in Court...........
