Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW1 is the only witness of last seen theory - However, testimony of PW1 not corroborated by any other witness - Recovery of various articles not proved, as forensic examination of these recovered articles not proved in Court - Accused proved to be falsely implicated in the suit - Motive of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Evidentiary value - FIR as such is not substantive evidence - It may be used either to corroborate informant u/s 157 of Evidence Act or to contradict him u/s 145 of Evidence Act, when he is called as a witness...........
Will -- Suspicious circumstances - Attestors were not aware whether testator executed and signed the Will with his free will without being influenced by legatees under Will - DW3, attesting witness of Will not enquired from testator the nature of property or document being kept in sealed cover - Will was not read over to attesting witnesses and they were orally informed..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the..........
Indian Penal Code, 1860, Section 413, 414 -- Offence u/ss 413, 414 IPC - No independent, cogent evidence on record that alleged motorcycles were at all recovered from accused and he was habitually dealing in stolen property or assisting in concealment of stolen property - Alleged recovery from open space within alleged small boundary behind old jail as well as from chowk..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg poppy husk - Discrepancy in statements of I.O and recovery witness regarding sealing of case property - I.O stated that after sealing of case property, seal used by him was handed over to independent witness while recovery witnesses stated that seal was handed over to him - Said..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Offence u/ss 304-B, 34 - Petitioner is in custody and trial is underway - No useful purpose would be served in keeping her incarcerated - Material witness has already given his statement even though examination-in-chief is still pending - Petitioner would not be in a position to..........
Evidence Act, 1872, Section 3 -- Examination of witness - Admissibility of evidence and credibility of evidence are two different propositions of law - If a witness is deposing about a relevant fact, his or her evidence cannot be said to be inadmissible, if what he or she claims to have known and seen is within permissible limits of admissibility of evidence as provided..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Murder case - Wife of deceased filing an application to be examined as a witness claiming herself to be eye witness of incident - Reliability, credibility or evidentiary value of this witness cannot be assessed at this stage - By allowing such witness for examination, it cannot be said that this witness..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1959, Section 25 -- Police encounter case - Gunshot - Absence of independent corroboration - Presence of public witness is not always necessary, but looking to surrounding and attendant circumstances and facts of case, it was expected from raiding party to have called at least some person to stand witness - Weapons i.e..........
