Indian Penal Code, 1860, Section 302, 149 -- Appellants armed with deadly weapons assaulted deceased at a tea stall - Wife of deceased, tea stall owner and a customer were eye witnesses - Tea stall owner and customer turned hostile - Conviction based on testimony of wife - Deceased was convicted for murder of brother of A3 to A5 and was on bail - Two aspects admitted by..........
Criminal trial -- Injuries received by accused - Non explanation of injuries - Court can draw following inferences: (1) That the prosecution has suppressed the genesis and the origin of the occurrence and has thus not presented the true version. (2) That the witnesses who have denied the presence of the injuries on the person of the accused are lying on a most material..........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles of evaluation - Dying declaration is relevant whether the person who makes it was or was not under expectation of death at the time of declaration - Dying declaration is admissible not only in the case of homicide but also in civil suits - The general principle on which this species of evidence are admitted..........
Criminal trial -- Injuries on the person of accused - Non explanation - Where the evidence is clear, cogent and creditworthy and where the Court can distinguish the truth from falsehood the mere fact that the injuries are not explained by the prosecution cannot by itself be a sole basis to reject such evidence, and consequently the whole case...........
Clean hands -- A person whose case is based on falsehood, has no right to approach the Court - He can be summarily thrown out at any stage of the litigation. AIR 1994 S.C. 853 followed...........
Indian Penal Code, 1860, Section 302 -- Appeal against convictio, Dying declaration - When a person is expecting his death to take place shortly he would not be indulging in falsehood - But that does not mean that such a statement loses its value if the person lives for a longer time than expected - The question has to be considered in each case on the facts and..........
Jurisdiction -- Determination whether Court has jurisdiction to try subject-matter of a particular suit - Only case pleaded in plaint to be considered - Question of jurisdiction primarily depends upon frame of suit or allegations made in plaint - Does not depend upon truth or falsehood of facts into which Court has to enquire or upon correctness of findings on facts, but..........
