Admissibility under S 27, held, is relatable to information pertaining to a fact discovered in consequence of information received from a person in custody, accused of an offence- thus, it incorporates the theory of “confirmation by subsequent facts” facilitating a link to the chain of events. It is therefore for the prosecution to prove that […]
S. 27 r/w Ss. 24 to 26 — Recovery evidence Read More »
During the course of the investigation, statement of eyewitness – Narender has been recorded. In his statement under Section 161 Cr.P.C., a specific role has been attributed to respondent No. 1 that he caught hold of the deceased and the coaccused Shekhar caused the injury on the neck of the deceased. In the FIR, the
When a claim for juvenility is raised, the burden is on the person raising the claim to satisfy the court to discharge the initial burden. However, the documents mentioned in Rules 12(3)(a)(i), (ii) and (iii) of the JJ Rules, 2007 made under the JJ Act, 2000, or, the documents mentioned in S. 94(2) of the
In this case, appellant-accused herein after sprinkling chilli powder into eyes of deceased, stabbed him with knife on his chest and abdomen, resulting in grievous injuries to him, leading to his death in hospital. Deceased was attacked in broad day light. There is ample ocular evidence corroborated by medical evidence and mere non recovery of
S. 302 — Murder trial Read More »
Principles regarding interference with conviction in revisional jurisdiction in the case of cheating and misappropriation, when permissible. Section 397 CrPC vests jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of
Ss. 409 and 420 r/w S. 120-B — Revisional Jurisdiction in Cheating and misappropriation Read More »
In this case, alleged money transaction between appellant-accused herein and deceased leading to dispute between them, resulting in appellant allegedly murdering deceased using firearm. As the case was based on circumstantial evidence and links in the chain of circumstances were not found established, hence, acquittal of appellant by trial court, restored. Held, while dealing with
Murder trial on circumstantial evidence Read More »
Duty of first appellate court, principles summarized. It is trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable opportunity. Therefore, in our considered view, non adjudication of the
S. 96 — Scope of First appeal Read More »
Or. 1 Rr. 10,1,3 and 9 as to when principle of dominus litis inapplicable: The principle that the plaintiff is the dominus litis shall be applicable only in a case where parties sought to be added as defendants are necessary and / or proper parties and not if parties are not necessary and / or
Cryptic and cursory approach of High Court as first appellate court is not sustainable. Remand to first appellate court to determine the matter afresh, not warranted in the instant cae. The suit was instituted more than three decades ago; evidence discussed by trail court is neither disputed nor demolished by respondent, as such there was
Preliminary issues can be those where no evidence is required. Thus, for instance, on basis of reading of plaint or applicable law, if jurisdiction of court or bar to suit is made out, court may decide such issues with sole objective for expeditious decision. Or. 14 R. 2 has a salutary object in mind that mandates court
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