Indian Penal Code, 1860, Section 302, 147, 148, 149, Arms Act, 1959, Section 4, 25 -- Triple Murder Case - Case based on two Eye witnesses - PW1 supported prosecution version in her statement in chief, but during cross examination, she turned hostile - PW2 husband of PW1 also disowned prosecution version as a whole and denied to have witnessed the occurrence - PW1 a..........
Evidence Act, 1872, Section 154 -- Hostile witness - Conviction can be based on the testimony of a hostile witness as corroborated part of evidence of hostile witness regarding commission of offence is admissible...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Signature comparison - Cheque in question was handed over by petitioner in pursuance of compromise passed by Court - Request of petitioner for sending cheque for examination of his signatures to FSL is absolutely unwarranted - Court rightly rejected the..........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Cruelty - Abetment of suicide by a married woman - Demand of Rs.2000/3000 for LPG connection - This part of accusation found missing by the witnesses while giving their statements before the police - Held, if this part of evidence is missing from the police statements, it cripples the..........
Evidence Act, 1872, Section 32(1), Indian Penal Code, 1860, Section 498A -- Dowry Death - Statement made by deceased to her father, mother and uncle few days or few months before her death - Not admissible in evidence u/s 32(1) of the Act as far as charge u/s 498-A IPC is concerned as the cause of death of deceased was not in question for the said charge...........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Cruelty - Abetment of suicide - Prosecution failed to establish allegation of cruelty - Presumption u/s 113-A of Evidence cannot be drawn in favour of prosecution - In that situation, it is for prosecution to establish on the basis of other evidence that applicant had intentionally aided, by..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Evidence can be given on the basis of an affidavit when complaint is filed u/s 138 of Act but that shall be subject to `just exception'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non receipt of - Plea that accused is residing at an address other than those at which notice was sent - Objection cannot be entertained at premature stage of trial - This objection can be evaluated after detailed evidence is on record...........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption - Copy of document purported to be more than 30 years old - Document not duly registered and stamped - Such a document cannot be admitted in evidence or exhibited - However, defendant shall be at liberty to raise objections as and when original document is produced and trial Court shall decide the..........
Indian Penal Code, 1860, Section 338, 201, 34 -- Grievous hurt - Rash and negligent Act - Cognizance of offence - Allegation of negligence against senior doctors without naming petitioner in FIR - Evidence on record shows that petitioner attended the operation theater in the mid of operation and uterus of complainant was removed to save her life - No evidence on record to..........
