Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 65B -- Attempt to murder - Accused convicted solely on the basis of call details - However, documents relating to call details do not bear signature of any person - Whether they have been issued by service provider is also not established - Call details are not proved in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32 -- Recovery of contraband - Arrest and recovery from a public place in presence of independent witnesses - Absence of signature in the arrest memo of a respectable member of the locality - Arrest may not have occurred in the manner as alleged leading credence to the plea of prior arrest and wrongful..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of contraband - Recovery from public place in presence of independent witnesses but absence of signature in the arrest memo of a respectable member of the locality - Statement of search witnesses not recorded on the day of seizure or soon thereafter but their statements recorded after one..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Recovery of 15 kg 600 gms Ganja - Search and seizure - Official witnesses supported every statement made in complaint - Accused were aware of their legal rights before they were searched, seizure of narcotics, drawing of samples, marking and sealing them etc. - Sealed seized items were..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder of injured witnesses - Recovery of weapon - A-1 gave confessional statement on the basis of which weapon of offence was seized - Witnesses of recovery admit their signature on mahazar but they stated that they had not seen the recovery of material objects - Recovery of weapon of offence though not..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness - DW6 being son of scribe already identified signature and handwriting of his father on Will in question - Will in question which is otherwise to be proved u/s 63 of Succession Act, cannot be exhibited through DW6, especially being a photocopy - Rather, defendant himself should have tendered..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note handwritten - Accused acquitted as : (i) Only signatures tallied; (ii) Entire scription not compared with handwriting of deceased; (iii) Prosecution failed to prove that contents of suicide note were also written in the handwriting of deceased; (iv) There was no standard signature on the suicide..........
Will -- Proof of - Testator executed Will in presence of attesting witnesses - He was in sound disposing state of mind at the time of execution of Will - Testator has testamentary capacity to write the Will at the relevant time - Signature of testator on Will not denied by defendant - Execution and attestation of Will proved in accordance with law - Will, held, proved...........
Will -- Genuineness - Plea of defendant that Will in question was not last Will of testator - Attesting witness deposed that scribe read over the contents of the Will to testator and he signed the Will only after testator affixed his signature - Due execution, attestation and validity of Will, proved beyond doubt by plaintiff - Will rightly held to be last Will executed..........
Will -- Suspicious circumstances - Mere use of thumb impression by testatrix instead of signature - Does not constitute suspicious circumstance...........
