Criminal trial -- Presence of accused at the scene of occurrence - No eye witness to the incident - None of the witnesses deposed that accused was in or around the place of occurrence at or about the time of occurrence - No effort on the part of I.O. to ascertain where the accused was at the time of occurrence - An accused has right to remain silent and such silence..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by poison - Deceased and accused were residing together in a room adjacent to factory of accused - Injuries and nail marks evince resistance by deceased to forcible administration of poison - Accused as per his own statement u/s 313 Cr.P.C handed over a bottle of poison to police stating that..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Scope - Courts power to exempt plaintiff from necessity of substituting legal representatives of a defendant who has failed to file a written statement or who having filed it has failed to appear and contest the suit could be exercised only in a case where Court is obliged to pronounce a judgment on adjudication after..........
Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Appeal thereagainst - Counsel of husband directed to secure the presence of husband - Counsel of husband stated that he could not get in touch with him - Entire proceedings before Family Court orchestrated in such a way to defeat legitimate right of wife and also maintenance to minor child born..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor child - Mother of child was murdered and father of child is serving a sentence for the said murder - Paternal grand uncle and aunt of child cannot be kept on same pedestal as maternal grandmother - Minor child cannot left in care and custody of her father's uncle and aunt when her maternal grandmother is very..........
Will -- Proof of - Attesting witnesses of Will examined in Court - PW4, attesting witness of Will stated that Will was written as per dictates of testatrix - Testatrix signed the Will in presence of PW4 and thereafter attesting witnesses had signed Will - Another attesting witness also stated on similar lines - Will held, proved...........
Indian Penal Code, 1860, Section 308, Arms Act, 1959, Section 25, 54, 59 -- Offence u/s 308 IPC and Ss.25, 34, 59 of Arms Act - Testimony of eye witness - Presence of PW8 at the time of occurrence is not doubtful, since he was a resident of same locality and had accompanied victim to hospital soon after occurrence - PW8 deposed regarding having witnessed accused fired at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Samples not drawn in presence of Magistrate - Magistrate not followed the ratio of Supreme Court Judgment - Bail granted...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - PW1, only independent witness, does not even implicate A-9, as he did not see A-9 at the place of occurrence - DW1 examined by defence and deposed against A-1 and other accused but not assigning even factum of presence of A-9 - Abetment of A-9 as alleged not proved beyond reasonable doubt - Embellishments and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Gunshot injury - Presence of A-2 is established by consistent evidence of eye witnesses - Admittedly, A-2 was armed with rifle and shared common intention acting in concert with A-1 (since dead) - I.O seized one .12 bore cartridge and one .12 bore empty cartridge from the spot - Case of accused is not..........