Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Trial Court acquitted the accused as evidence led by prosecution disbelieved - High Court relying upon evidence of PW2 which was held to be supported by FIR and evidence of PW4 and also the evidence regarding recovery of knife, convicted the accused - Held, High Court committed a grave error in placing..........
Civil Procedure Code, 1908, Section 100, Order 26, Rule 10 - - Suit for declaration that plaintiffs entitled to use the passage/path by way of easement of necessity - Decreed by trial Court but dismissed in appeal - In second appeal plaintiffs - appellants' stand that they are using the path in dispute for the last 20 years and this fact can be ascertained by deputing a..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against conviction - Dying declaration - Contention that `S' could not have been in a fit state of mind to make dying declaration as she had received 60% burns - Was given an injection of Morphine about an hour before her dying declaration was recorded - Contention not accepted - The categorical evidence of the doctor that..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against conviction - Dying declaration - Medical evidence showed 100% burns - The thumb mark appearing on the dying declaration had clear ridges and curves - The evidence of PW1, the doctor not reliable - He failed to satisfactorily explain how such a thumb mark could appear on the dying declaration when `R' had 100% burns..........
Punjab Land Revenue Act, Section 13,16,111,112,113,114,115,116,117,118 -- Interim order - No appeal lies - Only a revision is competent - Order over - ruling objections in partition proceedings and calling for Naksha Alaf - Only interim order - Against such order only a revision is competent and no appeal lies...........
Indian Penal Code, 1860, Section 304(Part II), 324, 323, 24 -- Appeal against conviction - Criminal law - Appreciation of evidence - No independent witnesses from the locality has been examined - The Court has been left only to assess the statement of the interested witnesses, though injured witnesses - Witnesses of the prosecution held concealing the material facts - They..........
Indian Penal Code, 1860, Section 148, 302, 302, 34, 326, 324 -- Rioting, murder and other cognate offences - Six persons charged for these offences - Sessions Judge convicted all for various offences - In appeal High Court acquitted A3 to A6 and altered the conviction of A1 and A2 - Appeals by A1 and A2 and by prosecution for acquittal - Supreme Court finding each of the..........
Indian Penal Code, 1860, Section 302, 34 -- Trial Court convicted - High Court acquitting on the ground that evidence given by PW1 to PW4 was so improbable and their conduct was so unnatural that it created a serious doubt regarding the truthfulness of their evidence - The witnesses had not accompanied the deceased to the hospital nor had taken any trouble of going and..........
Indian Penal Code, 1860, Section 304B, 34, 201 -- Appeal against conviction - Dowry death - Appellants husband of the deceased and father-in-law and mother-in-law of the deceased convicted by trial court - Allegation of demand of scooter by husband and alleged beating by him - Brother of the deceased visited his sister on 25.01.1994 - Unnatural death of the deceased on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Appeal against conviction - Prosecution has not been able to establish that it took genuine steps to associate independent witnesses in spite of the fact that the I.O. had the opportunity to do so - The so called gazetted officer who was admittedly in the police party has not been examined - The I.O...........
