Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Subsequent conduct - Subsequent conduct of cleaning up the scene and restoring living room in its original shape, although punishable in law, does not become so unnatural that it could be made basis to convict accused for commission of murder without additional evidence to that effect...........
Criminal trial -- Mere suspicion, no matter how grave, cannot take place of proof in a criminal trial - Suspicion ought to have been substantiated by undeniable, reliable, unequivocal, consistent and credible circumstantial evidence, which does not leave probability of any other theory...........
Evidence Act, 1872, Section 106 -- Circumstantial evidence - Mere presence of inconsistencies in chain of circumstances does not automatically demolish prosecution`s case - However, prosecution must be able to explain inconsistencies to satisfaction of court...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Bank's slip is a prima facie evidence to presume dishonour of cheque as per S.146 of the Act - However, in order to apply S.146 of the Act, bank's slip should have to mention the number and date of cheque and also cheque amount with respect to cheque dishonoured to enter into a finding that cheque..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Courts cannot consider evidence collected during investigation while deciding an application u/s 319 Cr.P.C...........
Indian Penal Code, 1860, Section 376 -- Rape - Independent witnesses have not supported prosecution case - Evidence of PWs 10, 11 and 12 is not consistent regarding filing of FIR - Violence of three witnesses also does not reveal why victim waited for so long, before making allegations against petitioner - Delay in lodging FIR not explained - Evidence of PWs 1 to 12 found..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Where bleeding injury sustained by injured has been stated by PWs 1 to 4 and corroborated by evidence of I.O., non examination of doctor who had examined injured, cannot be a ground to set aside conviction of petitioner u/s 323 IPC...........
Evidence Act, 1872, Section 3 -- Interested/related witness - Where eye witnesses are interested witnesses being related to deceased it does not render their evidence suspect and all that is required in such cases is to carefully analyze the evidence - If after careful scrutiny, testimony of such an interested/related prosecution witness is found acceptable then it should..........
Money suit on basis of agreement -- Defendant borrowed Rs.30 lakhs from plaintiff and an agreement was executed by defendant in his favour, agreeing to repay the amount - He also handed over two post dated cheques - Neither there is any evidence to show source of money nor there is any witness for passing of money from plaintiff to defendant - PW2 is only a witness to..........
