Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused allegedly made extra judicial confession before Village Administrative Officer/PW1 whom he did not know - Alleged confession was made by accused more than two months after the incident which makes it more suspicious - PW1..........
Succession Act, 1925, Section 276 -- Grant of probate - Will - Earlier probate granted without citing necessary parties was revoked - Fresh probate proceeding after 22 years was filed by propounder of Will - No explanation offered for such long delay - Scribe cum attesting witness of Will though died now was examined but not cross-examined in earlier proceedings -..........
Will -- Suspicious circumstance - Testator was literate and could write and sign documents - However, Will was executed obtaining his LTI - No plausible explanation is forthcoming as to why LTI was taken in document when testator was literate - Such act does not appear to be normal and gives rise to suspicion...........
Will -- Probate - Testator expired two days after execution of Will - There was thus, proximate nexus between death of testator and execution of Will - Applicants could not successfully rebut the respondents contention that the testator did not execute the Will out of his own volition and that he was not mentally alert and physically fit to know consequences of execution..........
Will -- Suspicious circumstance - Overlapping and extension of Thumb impressions of testator in Will are visible to naked eyes and Will does not inspire confidence that same is genuine - Will is surrounded by suspicious circumstance...........
Evidence Act, 1872, Section 24 -- Extra judicial confession - It is a weak piece of evidence - Were an extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance - It is a rule of caution where Court would generally look for an independent reliable corroboration before placing any reliance upon such..........
Will -- Suspicious circumstance - Mere exclusion of legal heir per se shall not be treated as suspicious circumstance unless Will is surrounded by other suspicious circumstances...........
Will -- Probate - Execution of Will by testator in favour of his son and nephew - Son of testator pleaded that appellant/nephew of testator has no relation with testator - Appellant failed to produce any document to establish that he had any blood relation with testator - No explanation is forthcoming as to why Will has been prepared obtaining LTI of testator when he was..........
Will -- Exclusion of natural heir by testator - Does not make the Will unnatural nor does the same gives rise to suspicious circumstances...........
Will -- Probate - Due execution of Will proved by attesting witness of Will - None of parties have produced any other Will made and published by testator - Testator in his Will provided reasons as to why he had deprived predecessor of objectors - Propounder of Will able to prove due execution of Will and remove suspicious circumstances surrounding a Will - Probate rightly..........
