Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Recovery from car - Five persons travelling in car - One of them stated that contraband belonged to him but in his statement u/s 313 Cr.P.C. he did not state that he alone was in possession of contraband - Conviction of all five accused - Trial Court noted that all accused were known to each..........
Indian Penal Code, 1860, Section 302 -- Conviction - Initial case of prosecution that injuries on deceased were caused by knife but theory subsequently changed - Appellant not named in FIR nor deceased shown to be alive or talking with informant - Information that there were more than one accused who went away after scaling boundary wall - Police recording site plan as..........
Criminal trial -- Solitary witness - Conviction can be based on the evidence of a solitary witness if it is found reliable and trustworthy and inspires confidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Appeal against - No discrepancy between eye witnesses and medical evidence - Injuries caused by sharp weapon - It is immaterial whether weapon had one or both sides sharp - Witness present at shop examined - Presence of PWs 5 and 11 on spot fully established and it is immaterial that these witnesses are sons of..........
Indian Penal Code, 1860, Section 302 -- Conviction by trial Court and acquittal by High Court - State appeal - No embargo on appellate Court reviewing evidence - Paramount consideration of Court is to ensure that miscarriage of justice is prevented...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Soon before death - Bride not subjected to cruelty or harassment for or in connection with any demand for dowry for 10 months before death - Held, such death cannot be called dowry death - Conviction set aside...........
Indian Penal Code, 1860, Section 302 -- On exhortation of one appellant second appellant fired gun shot - Victim died on way to hospital - Conviction on evidence of two eye witnesses, brothers of deceased and dying declaration made by victim to his father - Dying declaration unreliable as no mention of it made in FIR - Post mortem report revealed that there was fracture of..........
Indian Penal Code, 1860, Section 34 -- On exhortation of one appellant second appellant fired gun shot - Conviction of third appellant, who accompanied other two, with aid of S.34 IPC - Third appellant had carried no weapon and no overt act attributed to him except that he accompanied other two - Conviction of third appellant set aside...........
Indian Penal Code, 1860, Section 376 -- Rape - Minor girl - Teacher taking advantage of absence of adult members present in house raped girl less than 16 years - Evidence of prosecutrix believable and corroborated by medical evidence - Doctor found injury marks in private parts & signs and symptoms of recent intercourse - Her evidence corroborated by evidence of her..........
Indian Penal Code, 1860, Section 306 -- Suicide - Abetment - Three accused persons chased the deceased who committed suicide by jumping into a well - Accused had grudge against the deceased and wanted to get him arrested under Excise Act - Conviction set aside as no offence of abetment is made out...........
