Criminal Procedure Code, 1973, Section 164 -- Confession - Made by accused regarding abduction of victim - I.O. did not request Magistrate to record confessional statement - Investigation conducted by Investigating Officer could be regarded as perfunctionary in nature...........
Indian Penal Code, 1860, Section 364, 364A, 302 -- Abduction and murder - Proof - On basis of oral discovery statement, police discovered dead body of deceased in presence of witnesses - Dead body was in unidentifiable condition - Confession by accused while in police custody not admissible in evidence - Nothing to show complicity of appellant in regard to offence u/s 364..........
Evidence Act, 1872, Section 32 -- FIR treated as dying declaration - On the statement of deceased SHO recorded FIR and statement of deceased as per provision u/ss 154 & 161 Cr.P.C. - Both the documents considered as dying declaration because of the death of deceased which relates to the cause of death of deceased and admissible u/s 32(1) of Evidence Act...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim, a minor mentally retarded girl, raped in running local train - Eye witnesses account given by two witnesses, who were traveling in the same bogie, showing that victim girl was ravished - No reason with the eye witnesses to falsely implicate accused for such a heinous offence and to allow actual culprit to go scot free..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Additional written statement - Refusal to accept - Validity of - After amendment petition was allowed and filed, petitioners were given several chances to file additional written statement - They had challenged the order allowing amendment petition before High Court - Additional written statement was filed within two days..........
Indian Penal Code, 1860, Section 302, 498A -- Murder and cruelty - Deceased admitted in hospital by accused husband with 90-92% burn injuries - Dying declaration recorded by SDM - Victim stated that accused poured kerosene oil on her and set her ablaze - Nothing to indicate and suggest that deceased was ever tutored - Doctor made endorsement that deceased was conscious..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Defendant cannot seek amendment of plaint - Plaint is a document of the plaintiff - Defendant has no say with regard to the averments in the plaint - However, it is open to the defendant to deny the said averments made in the plaint by filing a detailed written statement - In case defendant has any..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witnesses recorded u/s 161 Cr.P.C. by the investigating agency - Held, said statements can be used for the purpose of contradiction and not for the purpose of corroboration...........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution allegations that accused came to the house of father-in-law and finding his wife alone, hacked her to death - Material discrepancy in the version given in the FIR and the statement made by the complainant in Court - Recovery of weapon from the pond not at the instance of the accused - Relation between two..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 498A, 306 -- Accused held not guilty u/s 306 IPC - Statement given by deceased wife before death of her mother that she was not given proper food and was beaten - Held, statement can be used only to ascertain the cause of death - It cannot be used in evidence against accused while dealing with offence u/s..........
