Indian Penal Code, 1860, Section 302, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Demand of dowry - Circumstantial evidence - Version of FIR is different version which was taken by informant and his son - PWs gave contradictory statements - Recovery of articles was a sham recovery - Motive of crime not established - Prosecution failed to prove its case..........
Evidence Act, 1872, Section 32 -- Dying declaration - Can be sole basis of conviction provided same is consistent - When contents of dying declaration as per PWs are at variance to one another vis-a-vis role of accused, it would be hazardous to rely on such evidence to come to a finding of guilt against him...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - PW6 stated that deceased came to police camp in injured condition and told them accused persons assaulted him - However, PW7 stated that victim had only named accused `B' - Police officers are disinterested witnesses - However, their version with regard to the..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Stamp duty - Determination of Market value of property - Issue regarding market value of sale deed land on the date of execution of sale deed is required to be decided by permitting parties to adduce oral and documentary evidence...........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Offence u/ss 364A, 307, 149 - No evidence is available on the record to show the source of knowledge on the part of the informant or the details in respect of demand of ransom by the accused persons/appellants, as the alleged ransom letter is not proved - Even PW3, the victim, nowhere states in respect of any threatening..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Offence u/ss 364A, 307, 149 - No evidence is available on the record to show the source of knowledge on the part of the informant or the details in respect of demand of ransom by the accused persons/appellants, as the alleged ransom letter is not proved - Even PW3, the victim, nowhere states in respect of any threatening..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Appeal cannot be left pending just because a collateral issue or a question of mere procedural importance has cropped up which may demand calling for further evidence and may require inquiry...........
