Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Motive attributed to accused that deceased had illicit relations with Bhabhi of accused - This fact is brought for first time in statement of PW11 during trial - Said fact has neither mentioned in statement made before police nor in FIR - Motive of crime thus, not proved on record - More so,..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 3, 25 -- Bail during pendency of appeal against conviction - Claim on the ground of parity - Murder - Co-accused granted bail, as he was above 80 years - However, present accused persons were carrying a double barrel gun and country made pistol respectively and..........
Constitution of India, 1950, Article 226 -- Examination - Power of re-evaluation of answer sheets - Candidate cannot as a matter of right to claim or ask for reevaluation of his marks in absence of any provision in that regard - However, Court may permit reevaluation inert alia only if it is demonstrated very clearly without any inferential process of reasoning or by a..........
Constitution of India, 1950, Article 226 -- Judicial examination - Power of re-evaluation of answer sheets - Candidate approaches the Court after delay of 5 years - Case cannot be characterize as rare or exceptional - Even otherwise, High Court on the one hand reasoned that complaint related to Paper III, despite that direction is given for evaluation of Paper I & III -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband himself admitted in his cross-examination that he is residing with another lady since two years - This itself shows that there is sufficient reason for wife to reside separately from her husband - Wife is, entitled to maintenance - Husband directed to pay maintenance of Rs.3000/- pm to wife from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 795 parvon spas capsules - Search and seizure - FSL form not prepared and filled on the spot - Samples though sealed on the spot but no evidence as to whether same got resealed from Executive Magistrate - No evidence on record that till the samples were sent to FSL for examination, these..........
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prima facie on the basis of injury suffered by injured i.e fracture on left temporo-parietal bone, it can be inferred that petitioners made an attempt to commit murder - Merely because opinion is obtained from private doctor, Court cannot become oblivious of fact that injured has suffered fracture - Even..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 for further examinatio, i, chief - Permission given to prosecution to move application u/s 311 Cr.P.C - Cross-examination of PW2 has not yet been started and witness is in the Court at the time of moving application u/s 311 Cr.P.C - It cannot be said and presumed that prosecution has moved application u/s 311..........
Will -- Execution - Atleast one of the attesting witness should be an independent witness and his examination cannot be avoided if he is capable of giving evidence and amenable to the process of Court for proving the Will...........
