Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Role of firing at deceased specifically assigned to A-1 (deceased) - Neither any overt act attributed to A-2 nor even it is deposed against him that he caught hold of deceased - From the evidence of PWs, it does not follow that A-2 and other co-accused had arrived at place of incident with common..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegations are not made with specific details by husband against wife - Neither from contents of divorce petition nor from other evidence it is proved that act of cruelty is so grave that it is not possible for husband to live with wife - When wife tried to return to her..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302 -- Motive - Murder - Circumstantial evidence - If prosecution establishes motive for accused to commit crime it will undoubtedly strengthen prosecution version based on circumstantial evidence, but that is far cry from saying that absence of motive for the commission of crime by accused will irrespective..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Recovery of weapon proved on record - Even, evidence establishes that bullet found in the body of deceased was fired from the gun which is allotted to accused - Moreover, accused and deceased were last seen together - Testimony of witnesses found to be..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Motive put forth is that PW10 was close to accused `S' who introduced her to deceased - Two had developed close relationship which was not liked by accused `S', who thereafter conspired with A-2 to Kill deceased - However, in first complaint, there is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c) -- Recovery of charas - First independent witness/PW5 signed search and seizure documents but turned hostile - However, PW5 was duly confronted u/s 145 of Evidence Act, with his earlier statements to contrary u/s 161 Cr.P.C and did not deny his signatures - No prejudice on that account thus,..........
Evidence Act, 1872, Section 115 -- Estoppel - Title of immovable property normally cannot be said to have vanished by invoking principle of estoppel...........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Mandate of legislature is trial of such cases in a summary manner - Evidence already given by complainant by way of affidavit is sufficient proof of offence and this evidence is not required to be given again and has to be read during trial - Witnesses i.e. complainant and other witnesses can be..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251, 482 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C already framed against accused and she pleaded not guilty and claimed trial - Application filed by accused u/s 145(2) of N.I Act allowed - Authorized representative of complainant already..........
