Civil Procedure Code, 1908, Order 16, Rule 1, 21 -- Opponent party - Can be summoned as a witness - However, practice of calling the opposite party is considered to be unhealthy practice - It is open to Court to refuse to permit the summoning by a party of his opponent, as his own witness in support of his own case...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Testimony of child witness - Veracity of - No inherent defect in testimony of child witness - Defence evidence produced also does not weaken any part of her statement - Held, mere fact that her mother had told that she did not know any other language except Malyalam and that words spoken to by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Brown sugar - Sample - Sent for chemical examination - Shortage of 400 miligrams - Not explained by prosecution - Brass seal used for the purpose of sealing not produced - Witness who was given zima of brass seal not examined - No evidence on record as to whether the seized article was kept in safe custody..........
Evidence Act, 1872, Section 154 -- Hostile witness - Permission for cross examination of his own witness should not be granted at the mere asking of the party - Courts are under a legal obligation to exercise the discretion in a judicious manner by proper application of mind and keeping in view the attending circumstances...........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidentiary value of such witness - Entire evidence of such witness cannot be excluded or rendered unworthy of consideration - Court can rely upon the part of testimony of such witness if that part of the deposition is found to be creditworthy...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Proof - Dispute regarding possession of land - Deceased and occurrence witnesses and accused belong to rival factions - Version of eye-witnesses fully corroborated by independent witness who is not resident of same village - Held, involvement of accused-appellants in incident proved - Conviction proper - Appeal..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Further cross-examination - Not specifically mentioned in the application as to in what respect further cross-examination is essential and what are the essential questions which could not be put - Order of recall - Cannot be allowed to be sustained when the application is quite vague...........
Indian Penal Code, 1860, Section 302, 120B, 109 -- Murder - Criminal conspiracy - Charge against appellant and co-accused that they murdered appellant's love - Motive that deceased refused to get abortion allegedly conceived through appellant - Co-accused stabbed her to death - Co-accused convicted to life sentence - No eye witness - Circumstantial evidence - No positive..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Eye-witness stated that accused rasped neck of deceased by using `gandasa' while two co-accused caught hold of him - Medical evidence does not suggest neck of deceased having been rasped i.e. by using like a saw, a weapon like gandasa - None of the witnesses explains how deceased sustained injury on hand - Strained..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- A - If a party does not wish to appear as a witness in the suit - Question of priority of his examination first - Loses its relevance - No question of insisting upon party to be examined first arises...........
