Head note: Challenge: Trial court acquitted the appellants but Hon’ble High court reversed the acquittal and held the appellants guilty of murder hence this appeal - Analysing the judgment of the Hon’ble High Court - Issue: Whether the High Court was correct in reversing the order of acquittal - The accused are not unknown to the victims - Presumption of…
Appeal - Case of the Prosecution - Trial court conclusion - Analysis and findings - Case is based on circumstantial evidence - Illicit relationship is the key motive for murder - Circumstance and opportunity - Inmates of the house must explain - Initial burden to prove circumstantial evidence is lesser than other cases - Appellant failed to offer proper and…
Appeal - Witnesses turned hostile – Recovery - DNA test - Fact discovered must lead to physical object and only that information can be proved - Recovery proves the factum of object found and the knowledge of the accused to its existence - except recovery rest of the information is to be excluded - Hypotheses presumption as to the accused’s…
Section 311 Cr.P.C: Recall may be allowed if no occasion to bring relevant facts at initial deposition
Head note: Apex Court - Consideration of findings of two courts - Sole-eye witness is not the actual eye-witness…
Appeal - Witnesses turned hostile – Recovery - DNA test - Fact discovered must lead to physical object and…
Head note: Challenge - Facts - Arrest & custody - Application filed under section 167(2) crpc on the ground…
Head note: Alleged substance is not only drug so also food under the Food and safety act - Respondent…
Head note: The contention is the judge has delivered a detailed judgment after he demitted his office - Though…
POWERS OF APPELLATE COURT There is no room to doubt the powers of the appellate court and that it…
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