Civil Procedure Code, 1908, Order 22, Rule 4 -- Legal representative - Cannot take a hostile stand to that of the deceased defendant - It is the rights and liabilities of the deceased defendant which have to be considered and not those of the legal representatives - L.R. can take up the suit at the stage at which it was left when defendant died - L.R. cannot assert his..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Appeal against - Informer turning hostile - PW-8 not found to be eye witness - No explanation for recording statement of PW-8 u/s 161 Cr.P.C. after four months - Wife (PW-2) of deceased not disclosing name of 'R' as accused and her statement self contradictory as also contrary to parcha bayan - Injury report noting..........
Indian Penal Code, 1860, Section 302, 498A -- Bride burning - Dying declaration that deceased saw her husband sleeping with wife of his tenant and that she asked tenant to vacate house and that accused poured kerosene on her and set her ablaze while she was cooking meals - Neighbours and relatives turning hostile - PW1 narrating incident of deceased consuming poison 3-4..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Offer of search before Magistrate or a Gazetted Officer - Not so mentioned in FIR - Sought to be proved by oral evidence - Panch witness who was a stock witness of Police turned hostile - Not safe to rely on evidence of Panch witness, Inspector and Assistant Sub Inspector - Search and seizure not proved to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 35 -- Poppy straw - Recovery from a truck in presence of two independent witnesses - Only one was produced who was declared hostile - Serious material discrepancies in respect of recovery and seizure and deposit in Maalkhana - Applicability of S.35 does not arise when the recovery itself is doubtful -..........
Evidence Act, 1872, Section 154 -- Hostile witness - Accused gave answers in favour of defence during cross examination - When the witness had not stuck to the stand in examination-in-chief and no permission was taken then, order declining permission calls for no interference...........
Evidence Act, 1872, Section 154 -- Hostile witness - Does not completely efface the evidence of such witness - The evidence remains admissible in the trial and there is no legal bar to base conviction upon his testimony if corroborated by other reliable evidence...........
Indian Penal Code, 1860, Section 302, 392 -- Conviction - Appeal against - One of witnesses to recovery of silver bangles not examined - Other turning hostile - Axe recovered but not sent for forensic examination - Nothing on record to implicate accused with murder or robbery - Another accused already acquitted u/s 411 by trial Court - Conviction set aside...........
Will -- Execution - Proof - Attesting witness - Turned hostile in Revenue Court - That witness still to be examined in Civil Court - Plaintiff should have examined that witness in civil Court and have taken the opportunity to cross-examine the witness with regard to the execution of the Will...........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Circumstantial evidence - Strained relations of husband and wife alleged but not proved as witnesses on that point turned hostile - Husband not taking any steps to extinguish fire and that body of victim was naked which showed it was only husband and wife who were in room when husband could have..........
