Evidence Act, 1872, Section 32 -- Dying declaration - Version given by deceased as dying declaration supported and corroborated by other prosecution evidence - No reason to doubt truthfulness of such dying declaration...........
Evidence Act, 1872, Section 3 -- Related witness - Court may not treat his or her testimony as inherently tainted and needs to ensure only that evidence is inherently reliable, probable cogent and consistent...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Doctor/PW18 who recorded statement of deceased deposed that deceased was in a fit state of mind while making said declaration - Evidence of PW18 fully supported prosecution case - No material on record that deceased was tutored or prompted by anybody so as to create..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Testimony of eye witnesses/interested witnesses - Murder case - Evidence of PW1 and PW4 is consistent, cogent, reliable and trustworthy - Their presence at the scene of incident is natural inasmuch as incident took place in front of their house and that too in the morning - Consistent version was given..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Dishonour of cheque - Case posted for final arguments - Change of counsel not a reason for not rendering document in question earlier - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Dishonour of cheque - Case posted for final arguments - Application u/s 311 Cr.P.C. and S.165 Evidence Act for production of documents - Complainant knowingly and as a conscious citizen, participated in the trial - Case is at the fag end of trial as..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Statement of deceased was recorded by ASI PW19 - Dying declaration was certified under the signatures of doctor PW20, which goes to show that deceased was conscious and in a fit condition to give statement - Deceased specifically stated in her dying declaration that accused..........
Evidence Act, 1872, Section 3 -- Relative/interested witness - Murder case - Testimony of eye witnesses which is otherwise found to be consistent and reliable cannot be discarded, merely because they are close relatives of deceased and hence interested witnesses...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Testimony of eye witnesses - Murder of four persons of same family - Minor discrepancies in the evidence of six eye witnesses with respect to manner of assault, would not be fatal to prosecution case, particularly when number of accused came in a group and assaulted few persons suddenly..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder of four persons of same family - Testimony of eye witnesses - Evidence of eye witness PW7 is fully supported by other eye witnesses - All the eye witnesses are consistent with prosecution case with respect to all material particulars and are credible and trustworthy - Their presence on the spot cannot be doubted..........
