Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Parents of deceased who alleged to be eye witness to the incident had seen their son being assaulted by two persons with weapon - PW2 had allegedly fallen unconscious after seeing blood oozing from body of his son - In such situation it is difficult to appreciate these eye witnesses would go..........
Evidence Act, 1872, Section 3 -- Independent witness - Prosecution cannot be rejected solely on the ground that independent witnesses have not been examined when on perusal of evidence on record, Court finds that case put forth by prosecution is trustworthy...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Prosecution version appears improbable that such an incident took place in an area surrounded by houses - The prosecution has also not examined any independent witness residing nearby to lend credence to the prosecution's version - The prosecution relies on the extra-judicial confession made by the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - No independent witness examined who would depose that accused committed offence on the ground that injured belonged to a community covered under SC/ST Act - Court below only on the basis of caste, held that offence was deemed to be committed -..........
Criminal trial -- Except the official witnesses, no independent witness has supported the case of prosecution - Accused cannot be convicted on the reasoning that medical evidence is corroborated by statement of witnesses recorded u/s 164 Cr.P.C. - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of Charas and Poppy straw - Search and seizure - No material on record that samples were kept in safe custody after they were brought in Police Station till the time they were deposited with FSL - Two different stories emerge with regard to search of vehicle and recovery of contraband -..........
Evidence Act, 1872, Section 3 -- Preparing of Mahazar, sketch and inquest report - Not signed by independent witness despite presence of scores of persons - Evidence of prosecution that independent witnesses did not volunteer to do so - Cannot be accepted - When large number of persons were available it is incomprehensible as to how all of them refused to sign the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of firearm - Discrepancy on the mode of travelling to place from where recovery u/s 27 of Evidence Act was made along with witnesses - Contradictions were found with respect of place of arrest followed by disclosure statement - Ballistic report is inconclusive with respect to firearm..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 10.200 kg opium - Independent witness not supported prosecution case - Compliance of S.50 of the Act not discernible from testimony of PW6 himself - There was also an interpolation in mentioning weight/quantity of contraband - Conduct of accused as per prosecution that he himself was keeping..........
Indian Penal Code, 1860, Section 392, 398, Arms Act, 1959, Section 25 -- Offence u/ss 392, 398 IPC and S.25 of Arms Act - Disclosure statements - Entire case of prosecution is based on disclosure statements but prosecution has not been able to prove the same - These statements were never put to complainant and eye witness during cross-examination - Story put forward by..........
