Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Name of accused `R' not mentioned in dying declaration - Word `jeth' referred in respect of accused `R' was not proved as he was neither real brother of accused `B'/ husband of deceased nor his cousin - More so, no eye witness to corroborate that in dying declaration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of Sulpha (charas) - Appeal against acquittal - Leave to defend - Material contradictions and discrepancies in the statement of PWs regarding search and seizure - There was delay in sending samples as well as special report to Area Magistrate - No..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - During investigation of a case an accused is not entitled to get a copy of statements recorded by investigating officer u/s 161 Cr.P.C. or other documents which as of right he will get u/ss 207/208 Cr.P.C. on his appearance after he is issued process u/s 204 Cr.P.C. - Even when accused is arrested..........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Where Magistrate recorded the statement of complainant and his/her witnesses, he is not precluded to seek investigation report u/s 202(1) Cr.P.C. in order to arrive at the decision for purpose of summoning of accused or otherwise...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Child witness - Deceased died due to asphyxia as a result of ante-mortem injuries found on the body of deceased - PW1 is daughter of deceased aged 11 years who was sleeping with her at the time of incident - PW1 although a child witness but is an eye witness as she saw the occurrence - Magistrate administered oath to PW1..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Statement in panchnama cannot be considered as evidence on either side except considering the details of place of incident and there cannot be any such presumption at least at such stage without allowing prosecution to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying Declaration - 100% burn injuries - Deceased stated in her dying declaration before doctor that accused burnt her - Nothing can have been more contemporaneous than dying declaration of deceased, prior to her death - No one from family of deceased is stated to have been present in the..........
Indian Penal Code, 1860, Section 363, 364A, 109 -- Kidnapping for ransom - Accused while working in the house of PW1 as a servant kidnapped minor son of PW1 - He left the letter regarding kidnapping in which demand of ransom was made - Accused accepting three letters of kidnapping in his evidence and identifying the signatures before Magistrate - However, in his statement..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Cruelty and dowry Death - Dying Declaration - Proof of - Issue is about the credibility of doctor, the Executive Magistrate and mother of deceased - Mother of deceased deposed about the maltreatment met out by the deceased at the hands of accused for money - Doctor give a categorical certificate..........
Evidence Act, 1872, Section 9 -- Test Identification parade - Magistrate who held TIP not examined - In the absence of same, it cannot be ascertained that whether needful was done or not, whether persons mixed up were of same age, height, built up and colour - Accused ought to get fair chance to demolish this piece of evidence by extending cross-examination of Magistrate,..........
