Indian Penal Code, 1860, Section 302, 34 -- Two accused A1 and A4 convicted by trial Court under S.302/34 - High Court after reappraisal of evidence acquitted them - Held, High Court failed to appreciate the evidence of eye-witnesses and other materials in proper perceptive - The minor eye witnesses stood satisfactorily to the searching cross examination - Lodging of..........
Indian Penal Code, 1860, Section 148, 302, 149 -- Appellants assaulted deceased with sword, axes and farsi when deceased was returning on bicycle with his wife - In autopsy 14 incised injuries found on dead body - Copy of FIR received by concerned Magistrate after two days - That by itself could not be a circumstance to hold that the FIR was ante dated - Despite searching..........
Indian Penal Code, 1860, Section 302, 34 -- Appellants A1 to A4 assaulted deceased with knives - PWs 1, 2, 3 & 8 were examined as eye-witnesses - Trial Court acquitted all accused - High Court reversed the order of acquittal - Appeal - PW.1 and PW.2 did not fully support the prosecution case as they did not name or identify appellants as assailants- Trial Court found..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 149, 147, 148 -- Conviction by trial Court - Set aside by High Court - Appeal - Eight accused armed with weapons like pharsas, axe and sticks assaulted complainant party - Three persons of complainant party died in incident - Eye witnesses were contradicted during cross examination - No material that investigation was..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Onus of issue on defendant - Defendant examined hand-writing expert - Plaintiff has a right to examine a hand-writing expert in rebuttal evidence and this right of plaintiff cannot be taken away merely on the ground that plaintiff had an opportunity to cross-examine the hand-writing expert examined by the..........
Evidence Act, 1872, Section 154 -- Hostile witness - It is possible to declare ones own witness as hostile and subject him to cross-examiantion...........
Criminal Procedure Code, 1973, Section 401 -- Case under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 - Revision - Additional Sessions Judge setting aside the order of conviction passed by Chief Judicial Magistrate - Remands the matter for conducting fresh trial - Observations made that PW1 never produced for cross-Examination - Statement of Food..........
Criminal Procedure Code, 1973, Section 313 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 - Appeal against conviction - Link evidence - Prosecution tendered in evidence the two affidavits - One sworn by MHC incharge Malkhana with whom case property including the sample was stated to be deposited - The second affidavit sworn by the constable who had..........
Indian Penal Code, 1860, Section 148, 302, 307, 149 -- Eight appellants armed with guns, Gandasas and lathis assaulted informant with lathi and fired a gun shot on deceased and his brother - Deceased died after 15 days - Opinion of doctor that death was direct result of gun shot injuries in abdomen refuted defence suggestion that immediate cause of death was infections..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Insurance claim - Insnranee company offered a sum of Rs.2,04,124/- in full and final settlement of the claim against the loss of Rs.263,000/- as assessed by the Surveyor - Held that the complainant in his cross-examination admitted that the amount of Rs.2,04,124/- was received by him through cheque in full and final..........
