Indian Penal Code, 1860, Section 396, 436, 34, Arms Act, 1959, Section 27 -- Appeal against conviction - Evidence of P.W.6 wife of deceased husband is reliable and trustworthy despite certain trivial discrepancies to sustain conviction - It is not necessary to go for any other material produced by prosecution to confirm their conviction and sentence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Additional evidence - Failure to establish that such evidence was not within knowledge or could not, after exercise of due diligence, be produced at the time of passing of decree - Application rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Additional evidence - Affidavits of witnesses sought to be produced at appellate stage - Conditions of O.41.R.27 not satisfied - Application for additional evidence rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court rejected application without recording a finding as to why provision of O.41.R.27 is not attracted - Application allowed and document filed alongwith application allowed to be admitted...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 392, 394 -- Robbery and murder - Confessional statement - Recovery of stolen articles at instance of accused from a place accessible to public - Accused must be deemed to be in exclusive possession of articles though the place of concealment was accessible to public - Statement relating to concealment is..........
Evidence Act, 1872, Section 27 -- Recovery of articles used in commission of offence - One of the articles found in tall grass and the others were buried - Articles were out of visibility of others in normal circumstances - Until those articles were recovered at the instance of accused their hidden state had remained unhampered and the accused alone knew where they were..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Rejected by High Court on ground that additional evidence sought to be filed was not put or placed before plaintiff at the stage of evidence - Rejection of prayer - Proper...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Not to be allowed to fill up the lacunae or gaps in evidence to be filled up - To be allowed when Court finds it necessary to obtain such evidence for enabling it to pronounce judgment...........
Evidence Act, 1872, Section 27 -- Discovery of fact - Prosecution must prove that information given by accused has led to discovery of some fact stated by him...........
Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Recovery of arms - Disclosure statement in presence of official witnesses and an independent witness - Independent witness if not produced, impinges upon the truth of prosecution case - Prosecution will have to satisfy the conscience of the court as to why the independent witness was not put forth to support the..........
