Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque has been admitted and it belongs to accounts of accused, then under such circumstances S.139 of the Act raises a presumption of law that cheque which has been duly drawn was given in discharge of debt or liability and burden shifts upon accused to rebut said..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Complainant stated that all the accused abused them and set her wife/deceased on fire - However, deceased stated that she had been set on fire by accused `M' and others present there had not made any effort to save her - Deceased also stated that her husband/complainant..........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Failure to hold TIP - Mere irregularity and not fatal to prosecution case...........
Evidence Act, 1872, Section 3 -- Non-joining of public witness at the time of recovering material objects - Not a sufficient ground to doubt truthfulness of testimonies of police witnesses or discard their evidence completely...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Every accused has a right to keep silent or deny incriminating circumstance emerged against him/her in evidence, but in such eventualities an adverse inference can be drawn against accused because despite opportunity provided to him/her, she/he failed to raise any defence in his/her behalf...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Does not constitute substantive evidence - These parades are governed by S.162 Cr.P.C. and procedural law does not oblige investigating agency to necessarily hold a TIP nor there is any provision under which accused may claim a right to holding of TIP...........
Evidence Act, 1872, Section 8, 3 -- Motive - Not necessary element in deciding culpability but it is equally important missing link which can be used to corroborate evidence where conviction is based on circumstantial evidence...........
Indian Penal Code, 1860, Section 302, 201, 364, 120B, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Contradiction in post mortem report and testimony of PW37 - Does not demolish version of prosecution as same are countered by ocular testimonies which have a better standing than medical evidence and prove that deceased..........
Indian Penal Code, 1860, Section 302, 201, 364, 120B, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - After considering the entire evidence and re-appreciating, chain of circumstances is complete which rules out any possibility that there can be any other person than accused persons who committed murder - Circumstances..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient income of wife - It was for husband to lead evidence that what is the income of wife or where wife is working - In the absence of any such evidence no presumption can be raised that wife is earning sufficient amount to support herself...........
