Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Six opportunities were given to petitioner for producing defence evidence - However, having failed to avail such opportunities, right of petitioner was closed - Application filed at the appellate stage after taking 26 adjournments - Highly belated application appears to be instrument to..........
Criminal trial -- Link evidence absolutely missing - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of Charas and Poppy straw - Search and seizure - No material on record that samples were kept in safe custody after they were brought in Police Station till the time they were deposited with FSL - Two different stories emerge with regard to search of vehicle and recovery of contraband -..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-recovery of weapon of offence would not materially affect prosecution case when there is ample ocular evidence corroborated by medical evidence...........
Evidence Act, 1872, Section 3 -- Evidence of eye witness - If testimony of an eye witness is otherwise found trustworthy and reliable, same cannot be disbelieved and rejected merely because certain insignificant, normal or natural contradictions have appeared into his testimony...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased has been attacked by accused in broad daylight and there is direct evidence available to prove the same - Motive behind the attack is also apparent considering there was previous enmity between accused and PW1 - Prosecution discharged its duties in proving guilt of accused for offence of murder - Conviction upheld...........
Evidence Act, 1872, Section 27 -- Disclosure statement made by co-accused u/s 27 of the Act - Not legal evidence qua non-maker accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Evidence Act, 1872, Section 32 -- Dying declaration - Whole idea of accepting a statement in the name of dying declaration comes from a maxim "Nemo moriturus praesumitur mentire" which means that a man will not meet his maker with a lie in his mouth - It is believed that when a man is at the point of death and when every expectation of this world is gone, it hushes away..........
Evidence Act, 1872, Section 32 -- Dying declaration - A dying declaration, oral or written, before it could be relied upon, must pass a test of reliability as it is a statement made in absence of accused and there is no opportunity to accused even to put it through fire of cross examination to test its genuinity or veracity - Court has to subject it to close scrutiny -..........
