Consent decree -- Passed on the basis of admission in written statement - Statement of defendant not recorded - By itself not a circumstance to uphold the plea of fraud - Written statement verified by one defendant and even that thumb impression was forged and thus there was no verification of written statement at all - It was not a valid written statement - Consent decree..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 302, 504, 506 -- Bail - Offence u/ss 147, 148, 149, 302, 504, 506 IPC - Death caused by firearm shot - Accused named in FIR which was recorded promptly - Statement of complainant recorded before trial court is in consonance with the FIR - Prosecution version supported by post mortem..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Two suits consolidated - One decreed and other dismissed - Appeal against both - Amendment of plaint and written statement sought in appeal - Delay of more than 10 years for which no explanation whatsoever put forward - Appellate Court allowed amendment both of plaint as well as written statement -..........
Voice sample -- Investigating agency may record voice sample - However, it cannot termed as statement of accused and narration by accused while recording voice sample should not pertain to the subject-matter of the crime - If these safeguards are taken while recording the voice sample, the essential rights of the accused will be protected...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Purpose is to confront the accused with all incriminating circumstances appearing against him in prosecution evidence - Court extracted material from accused in the course of his statement so that he could be convicted - Held, trial court had made up his mind to convict accused - It does..........
Ex gratia -- Haryana Government Policy of Ex gratia grant to the families of persons reported killed/missing/prisoners of war/disabled ESM during various operations, 1994, Clause 7(a) and (f) read with clarification dated 7.11.2001 - Denial of benefit of policy on ground that injuries suffered by the petitioner in a motor accident and the injuries were not during any..........
Indian Penal Code, 1860, Section 302, 307, 147, 148 -- Murder - Accused cannot be convicted on the basis of evidence brought forth during trial when there are number of contradictions, discrepancies and change of stand right from the stage of FIR to statement u/s 161 Cr.P.C. and thereafter in examination-in-chief and again shifting stand at the time of cross examination...........
Indian Penal Code, 1860, Section 302, 307, 147, 148 -- Murder - Discrepancy between the manner of assault vis-a-vis the injuries mentioned in the post-mortem report - Statement of PW1 who witnessed the entire incident from a close vicinity completely negated from the anti-mortem injuries mentioned in the post-mortem report - Accused acquitted...........
Will -- Suspicious circumstances - Contradictions in the statement of witnesses - Minor contradictions in the statement of witnesses who were examined after lapse of many years are natural - Not a suspicious circumstance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Proposed amendment clearly amounts to withdrawal of admission made in the written statement - Cannot be allowed - Order dismissing application, upheld...........
