Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Conviction - Testimony of sole eye witness - Reliability - Fact that sole eye witness being the son of deceased did not make any attempt to save his father and not even raised alarm for help, appears to be unnatural - Further, it is highly improbable that a son without making appropriate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Evidence scanty and lacking support to establish that contraband was really recovered from possession of accused in the manner alleged by prosecution on the said date and time - Order of acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 gunny bags of charas - Various contradictions and discrepancies in statements of PWs - Discrepancies are comparatively of major character and go to root of prosecution case - Evidence is scanty and lacking support to establish that contraband was really recovered from possession of accused in..........
Evidence Act, 1872, Section 3 -- Evidence is to be considered from point of view of trustworthiness and once same stands satisfied, it ought to inspire confidence in the mind of Court to accept stated evidence...........
Evidence Act, 1872, Section 137 -- Cross-examination - Manifestly irrelevant or not intended to contradict or qualify the statement in examination-in-chief, or, which do not impeach the credit of a witness, cannot be allowed in cross examination - However, facts though otherwise irrelevant may involve questions affecting credit of a witness and such questions are..........
Evidence Act, 1872, Section 137 -- Cross examination - A witness is always not compellable to answer all the questions in cross examination - Questions in cross examination should be towards facts which are deposed in chief, the credibility of the witness, and the facts to which the witness was not to depose, but, to which the cross examiner thinks, is able to depose - A..........
Evidence Act, 1872, Section 137 -- Cross examination - Ambit of cross examination of a witness goes beyond his examination-in-chief, but there has to relevancy of the questions as regard to the facts or to the creditworthiness of a witness...........
Evidence Act, 1872, Section 32(1) -- Oral dying declaration - There is no bar in relying upon oral dying declaration, but such reliance can be placed only if the same inspires confidence and stands corroborated from some other evidence on record...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Murder - 100% burn injuries - Conviction solely based on oral dying declaration - No corroboration - No evidence to suggest that deceased was in a fit position to speak - Deceased sustained almost 100% burns and her blood pressure and pulse was not recordable - In these circumstances, it will not be..........
Civil suit -- In civil matters Courts are required to adjudicate the dispute on the basis of preponderance of evidence and are not required to determine on the basis of concrete proof, as is required in criminal cases...........
