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..........
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..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - Service upon defendant was sufficient but mandatory provision of O.5.R.17 CPC not followed - On refusal to take summons by person on whom services to be effected, process server is required to affix notice on conspicuous place of house that too in presence of independent..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Factum of dacoity in village on fateful night is not disputed - However, case of prosecution is completely silent as to what accused did at the time of dacoity - Villagers after the dacoity collected at one place, there was thus, independent witnesses also who were affected by dacoity but prosecution..........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Complaint lodged belatedly by complainant on the basis of listening of story from his wife - Delay is not explained in the complaint or in the evidence - Prima facie it appears that complaint itself is suspicious - Though..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Non-association of independent witnesses - Mere absence of non-association of independent witnesses will not be fatal to prosecution case - However, in such circumstance it is called upon Courts to assess version of available PWs on record more minutely in order to negate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Financial capacity of complainant - Accused has the right to demonstrate that complainant did not have the capacity - Accused can do so by examining independent witnesses and producing documents or by pointing to the materials produced by complainant or by cross examination of witnesses..........
