Indian Penal Code, 1860, Section 364, 302, 420 -- Abduction and murder - Cheating - Circumstantial evidence - Cause of death - Prosecution failed to establish probable cause of death of deceased, though it was recorded in inquest panchnama that death was caused by strangulation - Doctor who prepared post mortem report not examined by prosecution to prove contents of report..........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Comparison of signatures with signatures which were subsequent to the filing of suit except one signature on a written statement in a prior suit - Not a valid basis of comparison - It casts a serious doubt on the reliability of entire report - Report discarded on this ground alone...........
Evidence Act, 1872, Section 45 -- Expert opinion - Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature - It may not be safe to solely rely upon such evidence - Court may seek independent and reliable corroboration in the facts of a case - Generally, mere expert evidence as to a fact is not regarded as..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Deceased belongs to `Khangar' caste and in a wordy altercation, accused is said to have called deceased by his caste name `Khangar' and attacked him with an axe - However, no evidence to show that offence was committed only on the ground that..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Where no specific question has been put by trial Court on an inculpatory material in prosecution evidence, it would vitiate the trial subject to rider whether they have caused miscarriage of justice or prejudice...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Role assigned to A-2, A-3 by PWs was that they hit the deceased with dagger not the role of firing - PW6 did not see firing of gun though he claims to have heard gu, shots and PW3 and PW4 state that they saw firing - However, no bullets or bullet marks were found at the site - Medical evidence on record shows..........
Evidence Act, 1872, Section 154 -- Hostile witness - It is not necessary to discard entire evidence of a hostile witness - Such part of evidence of a hostile witness which is found to be credible could be taken into consideration...........
Evidence Act, 1872, Section 106 -- Accused and deceased alone in the house - On the next day morning dead body of deceased was found - Once prosecution proves this the onus shifts on accused to explain as to what happened in that night and as to how death of deceased occurred...........
Criminal Procedure Code, 1973, Section 313, Evidence Act, 1872, Section 106 -- Statement u/s 313 Cr.P.C. - Accused and deceased alone in the house and on the next day morning dead body of deceased found - Accused to explain what happened in that night - Non explanation or false explanation by accused cannot be taken as a circumstance to complete the chain of circumstances..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - While exercising revisional power, High Court cannot reappreciate evidence on record, both oral and documentary - Revisional jurisdiction is confined to find out whether findings of fact rendered by Court or Authority below were according to law and do not suffer from any error of law...........
