Criminal trial -- False defence - Where complainant's case suffers from serious weaknesses, it cannot be believed merely because accused has taken false defence on particular point - False defence can only add strength to prosecution case, but by itself will not amount to proof of accusation being true...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22, 61, 85 -- Recovery of opium and intoxicating tablets - Prayer for seeking investigation through CBI or from IPS officer not belonging to State of Punjab - Petitioner was found in possession of opium in an envelope and intoxicating tablets, thus case was rightly registered - When petitioner was produced..........
Criminal trial -- False defence - Where complainant's case suffers from serious weaknesses, it cannot be believed merely because accused has taken false defence on particular point - False defence can only add strength to prosecution case, but by itself will not amount to proof of accusation being true...........
Indian Penal Code, 1860, Section 302, 120B, 148, Evidence Act, 1872, Section 32 -- Murder - Bomb explosion - Conspiracy - False implication - Accused persons armed with bomb and pistol allegedly fired on informant and hurled bombs on other two deceased with intention to kill them - Dying declaration of one of deceased was reliable and proved on record - Eye witnesses of..........
Indian Penal Code, 1860, Section 176, 177, 201, 202 -- Offence u/ss 176, 177, 201, 202 IPC - Quashing of charge-sheet - Petitioner furnished information to police which was within his knowledge - No evidence on record that petitioner intentionally omitted to inform the police or gave any false information in order to cause any evidence to disappear with the intention of..........
Criminal trial -- Enmity between parties - Enmity is a double edged weapon which can be a motive for crime as also ground for false implication of accused persons...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - False implication - No direct evidence on record that I.O was having any personal grudge against accused - So far as past conduct of I.O is concerned, same is not relevant as it may be in the peculiar facts of a particular case and has no bearing in present case - Moreover, complainant, shadow..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Death by burning - Oral dying declarations - PW2 & PW3 had reached the spot at the time of occurrence and deceased told everything regarding cause of her injuries at the hand of accused persons - Accused did not adduce any evidence to the effect that deceased made dying declaration in the pressure..........
Interim Maintenance -- Suppression of income by husband - In maintenance cases spouses do not come forward to disclose their true and correct income - Moreover, this is not a case of suppression of income alone where husband states that he is not earning a great amount but a meagre amount - Pleas taken by husband regarding purchase of new car by his father for him appears..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution designed a false version that accused was having motive to commit murder of deceased - PW6 has not stated anything regarding any altercation between accused and deceased - Accused and deceased were seen in the field, not an incriminating circumstance since both were residents of same..........
