Indian Penal Code, 1860, Section 302, 325, 364, 148, 149, 249 -- Murder - Long drawn enmity and litigation between parties - Testimony of some of the eye witnesses not reliable - Eye witness B herself injured and nothing substantial elicited to totally destroy her testimony - Eye witness B not tally truthful - Accused R responsible for murder - Plea of alibi of R not..........
Eye witness -- Investigation left unanswered several questions regarding eye witness - Held, it is difficult to accept that eye witness was present at the place and at the time when victim was attacked...........
Benefit of doubt -- Not available merely for the reason that benefit of doubt was given to other five accused persons as they were either not identified by the eye witnesses or had no role to play in the attack on the victim...........
Related and interested witness -- Witness present at the spot and an eye witness to the incident, not in doubt - His testimony not unreliable but supported in its essential details by the testimony of other witnesses - Held, evidence of such witness is credible notwithstanding that he was a related and interested witness...........
Indian Penal Code, 1860, Section 308 -- Complainant and other eye witnesses not supporting prosecution case - Motive not proved - Presence of accused at the time and place of occurrence not established beyond all reasonable doubt - Accused acquitted on ground of benefit of doubt...........
Injured witness -- Appreciation of evidence of injured eye witness : (a) The presence of an injured eye-witness at the time and place of the occurrence cannot be doubted unless there are material contradictions in his deposition; (b) Unless, it is otherwise established by the evidence, it must be believed that an injured witness would not allow the real culprits to escape..........
Criminal trial -- Eye witness account - Five persons armed with fire arms engaged in melee - Held, it is not possible for any one to say as to whose shot injured whom...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Can be filled up by the Holder thereof, which will be a valid instrument in the eye of law...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 41, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 37(6) -- Appointment of legal guardian by Juvenile Justice Board - It is valid in the eye of law and is sufficient to prove adoption...........
Indian Penal Code, 1860, Section 302, 34 - - Murder - Gun shot injury - First informant is real brother of deceased - Another witness was a mechanic at the factory of deceased - Evidence of eye witnesses cannot be discarded only on the ground of interested or related witness - Incident fully supported by two independent eye witnesses and medical evidence - Multiplicity of..........
