Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Original sale deed brought on record after examination of defendant No.3 - Petitioner did not get opportunity to cross examine defendant No.3 in respect of said sale deed - Held, defendant No.3 is required to be recalled for cross examination to the extent of the said sale deed in question - Court can..........
Criminal Procedure Code, 1973, Section 174 -- Inquest report - Object of inquest proceedings is to ascertain whether a person has died under unnatural circumstances or an unnatural death and if so, what is the cause of death - Question regrading the details as to how the deceased was assaulted or who assaulted him or under what circumstance he was assaulted, is foreign to..........
Criminal trial -- Non examination of some person cited in the charge sheet - Not necessary for prosecution to examine every other witness cited in the charge sheet - Mere non examination of some persons does not corrode the vitality of the prosecution version, particularly when witnesses examined have withstood the cross examination and pointed to the accused persons as..........
Evidence Act, 1872, Section 139 -- Person summoned to produce documents - Not a witness - Cannot be cross examined unless and until he is called as a witness...........
Eye witness -- Eye witness and medical evidence - Variance - Where the eye witnesses account is found credible and trustworthy, a medical opinion pointing to alternative possibilities cannot be accepted as conclusive...........
Eye witness -- Eye witness and medical evidence - Variance - Unless the oral evidence is totally irreconcilable with the medical evidence, it has primacy...........
Injured witness -- Deposition of injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies therein...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness on the ground that certain relevant questions not put to PWs - Trial Court did not examine whether the evidence proposed to be brought on record by recalling the witness was essential or not for just decision of the case - Impugned order quashed - Trial Court directed to decide the application in accordance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Non joining of independent witness - Recovery of 8.5 kg. of charas - Merely because police party did not associate public persons in a chance recovery, prosecution story cannot be disbelieved...........
Indian Penal Code, 1860, Section 307, 324, 100 -- Assault - Accused armed with gandasa, ballan and stick attacked victims for cutting crops - No evidence to establish that crops were sown on the disputed land by accused - Defence plea that accused were in cultivating possession of land in dispute not probable - There was no occasion for accused to exercise right of private..........
