Indian Penal Code, 1860, Section 308, 34 -- Co-accused - No independent witness examined to prove the role allegedly played by co-accused in the commission of crime - Benefit of doubt given to him - Acquitted...........
Evidence Act, 1872, Section 3, 137 -- Witness - Departure from prosecution story - Reliability of - Held, when all witnesses support prosecution case, but except one, prosecution story cannot be demolished only on statement of one witness who makes departure from prosecution case and that too only in cross examination...........
Criminal Procedure Code, 1973, Section 100 -- Search - Absence of local witnesses - Effect thereof - Held, mere fact that search witnesses were not local persons does not vitiate search, especially when no independent and respectable witness of locality was available as they were unwilling to join search and investigation of case...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Unlawful assembly and murder - Injured witness - Held, ordinarily there is no reason to disbelieve the statement of injured witness - Minor inconsistencies and discrepancies regarding the exact place or the point at which the incident took place or as to who landed the blows is not sufficient to disbelieve the..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Delay in recording statement of witness by the investigator - Effect - Statement recorded after 25 days of incident - Witness had gone to attend the marriage and when he returned, statement was recorded by the police - No question was put to the investigating officer regarding this fact - Held, delay in recording..........
Contempt of Courts Act, 1971, Section 10, 12, Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Application u/s 311 Cr.P.C. dismissed - Second application filed for recalling a defence witness in which particulars of first application not given - Held, it would not amount to fraud - Hence, no contempt made out...........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Illegal gratification - Shadow witness resiling - Prosecution case not to be thrown out merely on this ground - Court to scrutinize remaining evidence and if after such scrutiny Court comes to conclusion that other evidence is trustworthy then no formidable reason can be coined to disbelieve the same...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Non joining of independent witness - Recovery of contraband from a public place - None came forward to witness the recovery proceedings - No independent witness examined - Not fatal...........
Criminal Procedure Code, 1973, Section 319 -- Summoning a person as additional accused - Power to be exercised by the Court on the basis of fresh evidence brought before it - Evidence already collected during investigation cannot be formed basis for summoning a person as accused - Word `Evidence' in S.319 of the Code contemplates evidence of a witness in a court...........
Indian Penal Code, 1860, Section 302 -- Murder - Name of eye-witness in FIR - Omission to mention - Contention that name of PW2 does not figure in First Information Report, as such his testimony should not be believed - Held, PW2 is an independent eye-witness and her presence is also natural, as incident had taken place in front of her house, as such her coming out from..........
