Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained `Kandhala' - Murder case - Weapon of offence got recovered from disclosure statement of accused - Prosecution examine both official witnesses who have stated consistently as regards factum of accused having made disclosure statement and having led police..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 302 -- Plea of alibi - Murder - Accused not proved to be far away at the relevant time that he could not possibly be present at the place where crime was committed - Evidence led by accused to prove plea of alibi is rather sketchy and does not exclude with absolute certainty the possibility of his presence at..........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- Burden of prove - Murder case - Death occurred in matrimonial home of deceased - Heavy burden is on accused u/s 106 of Evidence Act, to explain as to under what circumstances deceased died an unnatural death in his house - Accused failed to explain the same - Plea of alibi as raised by accused also..........
Evidence Act, 1872, Section 3 -- Recovery of weapon of offence - Recommendation and suggestions viz: (i) all I.O apart from making sketch of recovered weapons shall also take photographs of same which can give a better picture of weapon used; and (ii) implements/weapons must be described clearly by trial Courts in judgments e.g a `Datar' can be described as an agriculture..........
Constitution of India, 1950, Article 226, 227 -- Levy of excessive property tax - Evidence on record shows that Commissioner has not specifically dealt with all submissions and pleas of petitioner and has not passed a speaking order after affording proper opportunity of hearing to petitioner - Hence, order passed by Commissioner is in violation of principles of natural..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, injunction and possession - Entire case of plaintiffs based on ground that they are owner of suit property - Burden is upon plaintiffs to prove as to under what basis they have acquired their right, title and interest over suit properties - However, plaintiffs failed to produce any documents or..........
Indian Penal Code, 1860, Section 376, 306, 323 -- Rape - Determination of age of deceased - Doctor who conducted post mortem opined that deceased was having public hair and hair in arm pits are well grown, which is possible between 16-17 years and 19-20 years - Trial Court on the basis of oral evidence and medical opinion opined that deceased was around 17 years - No..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence on record as to deceased dying due to hanging as per doubtful medical report - None of PWs except PW2 stated that they saw any rope tied to neck of deceased - Consequently, it doubted prosecution story as to deceased committing suicide - Trial Court did not rule out possibility of PW2 beating..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Material contradictions in ocular evidence and medical evidence - Trial Court on basis of evidence of other PWs and in particular evidence of PW2 did not rule out possibility of consensual intercourse - Prosecution utterly failed to bring home story of committing rape by accused - Accused rightly acquitted...........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Contributory Negligence - Death case - Petitioners contending that no evidence on record to establish contributory negligence - Held, it is an undisputed fact that the deceased was coming from an approach road and entering the main road so duty is cast upon the person who is entering the main road to..........
