Co-owner/Co-sharer -- Adverse possession - A co-owner's possession of common property is not prima facie adverse against another co-owner, because such possession is considered as one on behalf of all co-owners, except when there is clear proof of ouster or assertion of a hostile title...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 19 -- Embezzlement of opium - Accused Lambardar manipulated entries in Weighment Register and misappropriated opium - Numerous `over writings' made in the said Register - Though panch witnesses turned hostile, however, documentary evidence against accused persons found to be reliable and trustworthy - More..........
Indian Penal Code, 1860, Section 436 -- Mischief by fire - Setting complainant's hut on fire - Rivalry between parties - Unsatisfactorily explanation of delay of 2 days in lodging FIR - Contradictions and omission in the evidence of PWs and other examined witness turned hostile - Match box and kerosene cane not recovered - Held, on the sole count of unexplained delay of 2..........
Indian Penal Code, 1860, Section 302, 309 -- Murder - Accused committed murder of his two minor children and thereafter attempted to commit suicide - All PWs turned hostile - No evidence on record which proves the guilt of accused - Moreover, mother of both children and wife of accused had absolved accused - Suspicion however, grave cannot take place of truth - Benefit of..........
Evidence Act, 1872, Section 138 -- Witness turned hostile in cross examination - It is only at this stage that re-examination of witness can be sought and not when witness after examination is discharged...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29 -- Recovery of 908 gms charas and 182 gms ganja - Secret information - Panch witnesses turned hostile - Independent witnesses not examined - Provisions of Ss.42, 50, 52(3) & 57 of NDPS Act not compiled with - Seal on the muddamal at the time of taking them has not been properly mentioned - Documentary..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 120 kgs of poppy husk - Accused alleged to be carrying 120 kgs of poppy husk on the fitter rehra (vehicle) - Ownership/possession of said fitter rehra was not proved by prosecution - Out of two independent witnesses one declared hostile and other won over by defence - Both witnesses speaking in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(A) -- Recovery of ganja - Accused found cultivating ganja plant without any pass or permit - Total weight of plant was 260 gms - But all the witnesses and panchas turned hostile and no one has supported the prosecution case - Prosecution failed to prove its case beyond reasonable doubt - Accused rightly..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of clothes and `khanjar' - Recoveries alone cannot connect the accused with crime as chain of circumstances is not complete - FSL report shows only human blood group `AB' which was detected on clothes of accused and deceased but nothing on record to suggest that what was the blood group..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and Negligent driving - Appeal against acquittal - All the eye witnesses turned hostile except PW10, son of deceased - PW10, in his statement before Court neither disclosed the number of bus nor the name of driver - But in FIR he stated the name of driver - There is material contradiction in the statement of PW10 -..........
