| Topics |
Headnote |
Judgement |
| INDIAN EVIDENCE ACT, 1872 |
|
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Body parts of the human origin recovered —Identification not established — DNA Test not conducted —Fatal to prosecution. (Para 9) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Circumstantial Evidence — Last seen theory — Held, a conviction cannot be based on the only circumstance of last seen together — to record a conviction, the prosecution has to complete the chain of circumstances to bring home the guilt of the accused. (Para 10) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Circumstantial Evidence — Last seen theory — basing conviction on —Comes in to play where the time gap, between the point of time when the accused and the deceased were seen last alive — and when the deceased is found dead — is so small that possibility of any person other than the accused being the perpetrator of the crime becomes impossible. (Para |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 —relevant fact — Conduct of accused — injuries sustained by the accused in the process of putting out fire of the deceased — Intention of — The extent of burns of the hands of the accused has not been brought on record— Held, had it been brought, it would have been possible to assess whether or not the accused was serious in putting out the fire — or acted or reacted merely byway of formality — IPC — S 306 & 498-A. (Para 12) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 —relevant fact —Erlier querrelbetween spouses — Held, merely because there were earlier quarrels — on what could be mere suspicion, the husband cannot be held guilty u/s Section 498-A & 306 — IPC — S 306 & 498-A. (Para 21) |
PDF |
| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 27 — Recovery —of bones of the deceased — Not seized/recovered pursuant to any information furnished by the accused — Held, the contention that prosecution has not even established the death of the deceased cannot be brushed aside. (Para 8) |
PDF |