Indian Penal Code, 1860, Section 302 -- Conviction - Accused 7 in number armed with various weapons attacked a person and caused his death - FIR lodged immediately - No villager deposed in favour of either of the parties as there was long standing enmity between two branches of the same family - If witnesses are not independent, that is no ground to discard the prosecution..........
Independent witness -- Found to be not present at the time of occurrence but were introduced as witnesses - Held, trial Court was right in coming to conclusion that accused was falsely implicated...........
Indian Penal Code, 1860, Section 307, 332, 452, Criminal Procedure Code, 1973, Section 374, Evidence Act, 1872, Section 3 -- Attempt to murder - Appeal against conviction - Appellant/accused attacked and inflicted injuries on victims out of previous animosity - Plea of appellant/accused that no independent witness examined by prosecution - Victims of assault being stamped..........
Evidence -- Appreciation - Evidence of eye witness requires a careful independent assessment and evaluation for its credibility which is not to be adversely prejudiced making any other evidence, as the sole touchstone for the test of such credibility - Evidence must be tested for its inherent consistency and the inherent probability of the story, consistency with the..........
Will -- Scribed by Sarpanch in the house of testator - Attested by ten witnesses - Nine independent witnesses - One of the beneficiaries also attested the Will - Execution of Will as also attestation thereof by the witnesses was concluded in one go - Testator and all the witnesses were present throughout the said transaction - Statutory requirements complied with as more..........
Will -- Scribed at Sarpanch - Non production of Panchayat registered - Will attested by ten witnesses out of which nine were independent witnesses and three of them examined - All statutory requirements were complied with - Held, non production of Panchayat registered is not a suspicious circumstances when Will is otherwise proved...........
Registration Act, 1908, Section 17, 49 -- Unregistered deed which is otherwise required in law to be registered - Possession under the instrument if admitted fact, the proof of character of possession may be a collateral purpose to which the unregistered instrument could supply the need for proof - However, if the possession to the property itself is not under the..........
Criminal Procedure Code, 1973, Section 210, 203 -- Charge-sheet - Complaint - Same incident - Dismissal thereof - Legality of - Dismissal of complaint of applicant u/s 203, Cr.P.C., for reason that police has submitted charge-sheet in respect of same incident - Charge which was leveled by applicant in his complaint were that of causing murder of his son by repeatedly..........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - Issued as per draft sanction order and without independent application of mind - No interference with order of acquittal...........
Hindu Marriage Act, 1955, Section 13(1), 19, Civil Procedure Code, 1908, Section 24 -- Divorce petition - Transfer - Divorce petition by husband at place `R' - Marriage solemnized as per Hindu rites at `J'- Wife filed transfer petition on the ground that she is dependant upon her brother and is staying at present at `J' - Further contention that her parents are aged and it..........
