Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Accused acquitted u/s 304-B IPC, as oral testimonies of crucial witnesses not disclosed any material connecting accused to crime - However, accused convicted u/s 201 IPC on the basis of evidence of PW1 and PW2 - Evidence of PW1 and PW2 does not disclose any material to implicate accused in offence u/s 201 IPC -..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Abduction and murder - Circumstantial evidence - Evidence of PWs1 & 2 with regard to motive for commission of offence, last seen circumstances, recovery and identification of dead body is consistent with case of prosecution - There is no embellishment or exaggeration in evidence of these..........
Will -- Cutting in the name of father of attesting witness - Such cutting is with the typewriting machine - No other cutting in the name of attesting witnesses or in the entire body of Will - Over writings on the date written by Sub Registrar at the time of endorsement alleged but such over writing not visible to the naked eye - Will also has photographs of executant,..........
Will -- Proof - Execution and registration of Will proved by examination of both attesting witnesses as well as scribe - Scribe also stated that entry of Will was entered in his register and testatrix has thumb marked said entry - No evidence led by plaintiff to prove that testatrix was not in a fit state of mind to execute and get Will registered - Over writings on the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Offence u/ss 304-B, 34 IPC - As per the allegations petitioner has demanded motorcycle and other dowry articles from complainant - However, recovery memo prepared reflects that motorcycle has already been recovered - Moreover, trial will take sufficient long time as against..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Once opportunity to cross-examine complainant and his witnesses has been closed by order of the Court, after granting so many opportunities, then moving application u/s 311 Cr.P.C. by any means, cannot be taken as any bonafide exercise on part of the party filing application u/s 311 Cr.P.C...........
Evidence Act, 1872, Section 68 - - Gift deed - Execution - Proof of - Gift deed in favour of defendant was specifically denied by plaintiff - It was therefore incumbent upon defendant to prove the gift deed by calling at least one of attesting witnesses in Court - Since none of attesting witness was examined by defendant, gift deed cannot be tendered in evidence...........
Criminal Proceedings -- Mentioning of caste/status separately in criminal proceedings - Amounts to colonial legacy and requires to be stopped forthwith - Therefore, Secretaries (Home) to Governments of Punjab, Haryana and U.T., Chandigarh are directed to issue instructions to all I.O. not to state/mention caste of accused, victims or witnesses in recovery memos, FIRs,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of sword - Recovery was effected in presence of police witnesses and not supported by any independent witness - Place of recovery is an open place and accessible to all - I.O recorded statement of accused and pursuant to such statement recovery effected - However, such statement is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of intoxicant mixture - Search and seizure - Prosecution proved its case against accused beyond reasonable doubt - All the codal formalities were completed on the spot - Samples reached in the office of Chemical Examiner safe and sound - Statements made by official witnesses inspire confidence -..........
