Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Opium - Recovery from bag - Accused apprehended and taken to DSP - Opium recovered in presence of DSP - No independent witness joined - There is no reason to disbelieve the conduct of official witnesses...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Accused facing trial under Sections 307/326/323/34 IPC - Accused in custody for 14 months - Complainant already examined - No other eye witness which may constitute basis for the apprehension that the accused is likely to tamper with the evidence of the prosecution - Accused released on..........
Criminal trial -- Single witness - Conviction can be based on the testimony of a single witness if he is wholly reliable - Corroboration may be necessary when he is only partially reliable - If evidence is unblemished and beyond all possible criticism and the Court is satisfied that the witness was speaking the truth then on his evidence alone conviction can be maintained...........
Criminal trial -- Injuries on person of accused persons - Non explanation - Not a ground to discard the prosecution version - That per se cannot be a ground to totally discard the prosecution version - This is a factor which has to be weighed along with other materials to see whether the prosecution version is reliable, cogent and trustworthy - When the case of the..........
Will -- Execution - Proof - Will is required to be attested by two witnesses and in order to prove its due execution, one attesting witness must be examined. (Succession Act, 1925, S.63(c), Evidence Act, 1872, S.68)...........
Will -- Sub Registrar or Scribe - Can be treated as a witness to prove the due execution of Will, if there is no other suspicious circumstance...........
Attesting witness -- If a person puts his signatures on the document for some other purpose i.e. to certify that he is a scribe or identifier or a registering officer, he is not to be treated as an attesting witness...........
Criminal trial -- Related witness - Testimony of eye witnesses if found to be trustworthy cannot be discarded merely because they are closely related to the deceased...........
Criminal Procedure Code, 1973, Section 416 -- Transfer of case - Murder of wife - Child witness - Nine year old daughter of accused is afraid of deposing against her father & relatives at the place of occurrence - State agreeing to provide necessary security & protection - Transfer petition dismissed...........
Criminal trial -- Related witness - Merely on account of the witnesses being closely related to the victim their evidence cannot be thrown out, if the same otherwise appears to be truthful...........
