Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 27 -- Murder - Two sets of clothes having blood stains i.e. on which was on person of appellant at time of his arrest which had blood stains and another which was recovered at instance of appellant from house - Shows that recovery was planted on and cannot be believed and also seizure of blood stained shirt..........
Evidence Act, 1872, Section 138 -- Cross examination - Closure - Cross examination could not be complete3d in view of inability of advocate to remain present as he had other pressing engagements - Impugned order quashed - Further cross examination allowed subject to payment of costs of Rs.20,000/-...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Complainant is required to establish case beyond reasonable doubt and accused can discharge its burden by preponderance of probabilities - This can only be done on basis of cross examination of witness of complainant and any other material available on record - It is not..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Material appearing in cross-examination of prosecution witnesses - Not covered by scope of the provision - Questions based on such material ordered to be deleted from the statement of accused recorded u/s 313 of the Code...........
Criminal Procedure Code, 1973, Section 306(4)(a) -- Approver - Cross-examination - Accused has no right to cross-examine approver, who is examined u/s 306(4) Cr.P.C. by Magistrate at the pre-commital stage, as proceeding before Magistrate is neither an inquiry nor a trial - Moreover, examination u/s 306(4) Cr.P.C. cannot be equated with examination of a witness u/s 138 of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Application for grant of permission - Contents of application - Can be established only when party is permitted to enter witness box and is subjected to cross examination - Veracity of statement made by the party seeking permission to lead secondary evidence has to be tested on the cross examination by the other side -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary trial or summons trial - Detailed affidavit of examination-in-chief and lengthy cross examination - Clearly shows that case was tried as summons trial - Perusal of cross-examination shows that full dress trial was held and it is with that understanding, both the parties joined the trial even..........
Evidence Act, 1872, Section 138, 146, 148 -- Cross examination - Need not be confined to the facts to which the witness testifies on his examination-in-chief - Questions can be put in cross-examination in order to nullify or establish the veracity or otherwise of allegations made in the proceedings...........
Evidence Act, 1872, Section 138, 146, 148 -- Cross examination - Refusal to allow questions at the time of cross examination can only be justified if Court comes to conclusion that questions are : (i) inter-alia those which a party can not be forced to answer; (ii) patently erroneous; (iii) put to delay the proceedings; (iv) for oblique purpose or (v) have no nexus with..........
Evidence Act, 1872, Section 148 -- Cross examination - Court would not be justified in imposing restrictions in cross examination of witness - However, it may impose restriction in the course of trial if it comes to a conclusion that some of cross examination was unnecessary - Court has powers to control the cross examination of a witness - Such power has to be exercised..........
