Criminal Trial -- Testimony of relative witness - Reliability of - Held, in a criminal case testimony of eye witness mere on account of his relationship with deceased or victim by holding him interested witnesses only on such count cannot be discarded if his presence at place of incident is proved by available evidence and circumstances and his testimony appears to be..........
Indian Penal Code, 1860, Section 302, 376 -- Rape & murder - Conviction - Validity - Extra judicial confession made by accused to his neighbour to the effect that he had raped deceased - Thereafter, accused threatened her to call brother of deceased as if that deceased was calling him and convey that she would commit suicide if money was not given - Evidence of neighbour..........
Relative witness -- Merely because a witness is relative of the deceased is not a reason for discarding his evidence - Evidence of relatives can be acted upon if Court finds that evidence of such a witness is reliable and trustworthy...........
Evidence Act, 1872, Section 3 -- Relative witness - Reliability - Held, witness who is a relative of deceased or victim of crime cannot be characterized as `interested' - Term `interested' postulates that witness has some direct or indirect `interest' in having accused somehow or other convicted due to animus or for some other oblique motive - A close relative cannot be..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of independent witness - Relative witnesses - Effect - Entire occurrence took place in and around house of `P' - Five people had been done to death - Held, in such a circumstance, it is totally unexpected that other villagers would come forward to give their statements and depose in Court - Witnesses have..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Claim petition - Proof of title - As in the case of a suit for declaration of title, in the claim petition also, the extent to which a title must be established is always relative - In a given case, if plaintiff is able to establish a semblance of title, though not so perfect one, he can succeed..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - FIR lodged by a rustic and illiterate woman - She found it difficult to understand when contents of FIR were read over to her - She took the help of her relative to find out whether it was correctly recorded - Such circumstances shows that conduct of witness is honest and..........
Indian Penal Code, 1860, Section 304B, 498A -- Offence u/s 304-B IPC is not committed by just demand of dowry - Offence is committed by the act of cruelty or harassment by the husband or any relative of her husband in connection with such demand - Similarly offence u/s 498-A IPC is committed if husband or his relative commits an act of cruelty within the meaning of clauses..........
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 154, 164A -- Incident of rape & molestation - Guidelines for police - Held, in case of rape or molestation, FIR should be lodged immediately, even without waiting for victim or her relative(s) to lodge report as it being a cognizable offence and of a serious nature affecting society - A..........
Will -- Beneficiary an outsider - Fraud or undue influence - Will executed in favour of daughter of friend who had moved to the residence of the testator and testator received her company and her assistance in the twilight of his years - Beneficiary won confidence or kindness of testator who bequeathed his properties upon such behaviour - Testator with a free mind decided..........
