Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - A1, A3 & A7 inflicted grievous injuries on the head of deceased with their respective weapons - PW6 father of deceased witnessed the occurrence - Testimony of PW6 is reliable and trust worthy and his testimony is corroborated by PW7, recovery of weapons and medical evidence - Evidence of PW6 not to be discarded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 21 -- Recovery of Proxyvon capsules - Recovery memo mentions FIR No. even before registration of case - No contemporary documentary evidence to demonstrate that seized packets of samples and remaining stock of alleged contraband were kept in malkhana before forwarding of samples to FSL for chemical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Non examination of independent witness being won over - No other independent corroboration to establish authenticity of raid and recovery of contraband from accused especially when place of recovery was within the Abadi of village - Moreover, no test identification parade of accused was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery of poppy straw from motor cycle of accused - Provision of S.50 of Act is not attracted since recovery is effected from gunny bag laden on motorcycle and no recovery has been effected from the person of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Accused `L' fled away from the spot on seeing police leaving behind his motorcycle and two bags containing poppy straw - No attempt or effort made to apprehend accused `L' who himself surrendered after 3 months - Neither identity of accused `L' nor his motor cycle has established..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of Rs.1000/- from complainant for entering mutation regarding charge of ownership - Neither recovery nor acceptance of amount proved on record - Shadow witness stated that notes were recovered from store room and not from pocket of accused - PW6 denied having recovered amount..........
Specific Relief Act, 1963, Section 34 -- Declaration of title - Where a party is seeking declaration of title and recovery of possession, burden lies on such party to adduce satisfactory evidence to prove his title and possession - Plaintiff has to succeed only on the strength of his case and not on the weakness of case set up by defendants...........
Specific Relief Act, 1963, Section 34 -- Declaration of title and recovery of possession - Merely because defendants have admitted that they have purchased the property from plaintiff, said circumstance alone is not sufficient to declare plaintiff as owner of property...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and recovery of possession - When defendant No.5 who purchased property from plaintiff, has not made a party to suit, no decree can be passed against defendant No.5 directing her to deliver possession to plaintiff as suit is bad for no, joinder of necessary party -..........
Specific Relief Act, 1963, Section 34 -- Declaration of title and recovery of possession - Merely because at some place in revenue record, name of plaintiff is shown as pattadar, it cannot be said that he continued to be pattadar and same is not sufficient to declare plaintiff as owner of property...........
