Criminal Procedure Code, 1973, Section 311 -- Examination of PW1 - Murder case - PW1/eye witness of incident has been examined and cross-examined - Applicant is sister of deceased, who is not informant nor witness in the case - Prosecution has to consider which witness has to be produced and to be examined - Moreover, no ground at all brought forward in application u/s 311..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Bail - Recovery of 70 injections of Pheniramine Maleate 10 ml Avil and 70 injections of Buprenorphine Rexogesic 2 ml each - Petitioner is in custody for more than 2 years - He is not involved in any other case - Whether condition of existence of any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Magistrate does not have power to record statement of a person unsponsored by investigating agency - It is only the Investigating Agency who is to move an appropriate application for recording statement of any witness...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 141, 147, 283, 149 -- Quashing of proceedings - Unlawful assembly - Independent witness not gave any indication of procession turned disorderly - Procession caused obstruction to vehicles and pedestrians - None of leaders or workers were arrested and removed - There is nothing to show from records..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no requirement under law to file questionnaire along with application for recalling witness...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376D, 307, 302, 394, 411, 120, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Recall of a witness for re-examination - Rape and murder - Recall of injured witness/PW5 and examination with regard to contents of his video clip - Statement of PW5 has been recorded and..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Test identification parade - Pahchan patra of TIP mentions three lungis were presented, but related witness was shown only one lungi for identification - Inconsistencies are also found in statement of PW3 as regards spot inspection report prepared by police and recovery of lungi - Similar lungi is worn by many..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witness - PW4 knew the victim, allegedly saw fatal assault on victim and yet kept quiet about the incident - If PW4 had occasion to actually witness assault, his reaction and conduct does not match to ordinary reaction of a person who knew deceased and his family - Testimony of eye witness discarded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Independent witness declared hostile - In cross examination he admits to having duly perused the contents of the documents before having signed them and not under any police pressure - He independently stated that vehicle of accused was stopped, his consent was taken, a..........
