Acquittal: Appreciation of evidence
Head note: Appeal – Information regarding death – Surrender of accused – Case against juvenile separated – High court did not discuss evidence of PW.10 – Case is based on circumstantial evidence – Extra-Judicial confession unbelievable – PW.11 unreliable witness – No evidence as to the manner in which the witness recorded the registration number – Report the incident two days later – Weapon seen by eye-witnesses is stick doctor reported sharp-edged weapon – Witnesses seen IO recovered blue terikot pant FSL report states jeans pant – Circumstances do not establish guilt – Appeal allowed.
Disbelieving dying declaration: Both dying declarations were said to have given to the interested witnesses and not properly proved
Head note: Appeal against conviction – Hon’ble High court confirmed conviction Incident – Dying declarations of deceased – First dying declaration is to his brother – Second dying declaration is to his mother – Eye-witness (PW-13) testimony of the incident – PW-13 is an interested witness with criminal background – SOC cannot be visible from the hotel where the witness have seen the occurrence – Analysing Dying Declaration – There is no evidence in record to prove the deceased was alive and in position to speak to his brother and mother.
Must have judgment for defense counsels: Prosecution cannot prove a fact during trial through witness which was not stated to the police during investigation
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 believable explanation – PW-3 saw the dead body along with the appellant – PW-3 omitted to state materials facts in her 161 Cr.P.C statement (appellant cross) – In cross-examination it was elicited PW.3 witnessed both the accused putting poison (Rani kaur cross) – PW-4 witnessed the dead body along with the accused – PW-4 omission and defence suggestion – PW-5 witnessed accused escaped in the jeep – PW-5 omission and further facts elicited in cross-examination – Analysing the circumstance – Prosecution cannot prove a fact during trial through witness which was not stated to the police during investigation – How to appreciate illiterate/rustic witness? – How to appreciate minor contradiction? – Defence believed – 313 Cr.P.C statement is not evidence – Appreciation of s.313 cr.p.c statement – Evidence of PW-5 loose its strength since presence of Rani kaur is doubtful in the house – If any circumstance would be explained with hypothesis, then benefit to be given to the accused.
Procedure: Magistrates shall not return the final reports
Head note: Madras High Court – Sec. 482 petition – To conduct investigation and file final report – Madras High Court order on returning final reports – Direction
Sec. 482 petition – To conduct investigation and file final report.
A must have judgment: How to appreciate Confession & circumstantial evidence?
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 knowledge of the hidden object – Custody includes restriction, restraint and surveillance by the police – Section 25 applies equally whether or not the person was in custody – Confession means not only the admission of offence but all other admissions of incriminating facts related to the offence – Word of mouth information to the police if used against the person giving then it deemed to have submitted himself to custody – Presumption as to how the accused knew the place of concealed dead body – Section 106 Evidence act does not dilute the burden on prosecution – Section 8 Evidence Act – When false defence taken by the accused may use as additional link by the court? – Principles regarding circumstantial evidence – What is circumstantial evidence and appreciation of the same – Conviction confirmed
Imposed Cost: There is no infirmity in cancelling the suspension of sentence since the order of the High court was not obeyed
Head note: Hon’ble Supreme Court – Quote of the court – Suspension of sentence cancelled – Appeal – Amount involved – Since order of the High court not obeyed, no infirmity in cancellation of suspension of sentence – Appeal dismissed with cost of rupees five lakh payable to respondent.
Voluntarily causing Grievous hurt: Bald statement against the accused that ‘they beat me up’ without supporting material does not cover section 323 ipc
Head note: Apex court: Appeal – Facts – Chargesheet does not contain necessary ingredients for the offence informed – High court must have exercised power under section 482 cr.p.c against the bald accusation – Bald statement against the accused that ‘they beat me up’ without supporting material does not cover section 323 ipc – Section 384 ipc ingredients not found in the charge sheet – Section 406 ipc ingredients not found in the charge sheet – Case quashed. Appeal allowed.
False promise to marry: Marrying without witness does not imply a fraudulent marriage and having sex thereafter was the consensual one.
Head note: Apex Court – Factual aspects – Marrying without witness and having sex does not imply a fraudulent marriage – certificate of marriage though without witness is enough to prove a marriage.
Cr.P.C., 1973. Notes no.6: General Introduction to Inquiries and Trials – Part.4 (Criminal courts powers & administration)
This part no.6 will give a clear picture about criminal courts powers & administration during the inquiries and trials – With this reading it will be easy to learn and have ideas about the “General introduction as to Inquiries and Trials” – Further this note will be helpful for writing examination (judicial) and academic purposes.
Cr.P.C., 1973. Notes no.5: General Provisions as to Inquiries and Trials – Part.3 (Duties of parties)
This part no.5 will give a clear picture about what shall be the duty of the parties (including police) during the inquiries and trials – With this reading it will be easy to learn and have ideas about the “General provisions as to Inquiries and Trials” – Further this note will be helpful for writing examination (judicial) and academic purposes.
Cr.P.C., 1973. Notes no.4: General Provisions as to Inquiries and Trials – Part.2 (Duty of judge)
This part no.4 will gives a clear picture of duty of the trial Judge conducting the inquiries and trials e.t.c – With this reading it will be easy to learn and have ideas about the “General provisions as to Inquiries and Trials”.
Cr.P.C., 1973. Notes no.3: General Provisions as to Inquiries and Trials – Part.1
This part will gives a clear pictures of inquiry, trial, diaries used in the inquiries and trials e.t.c – With this reading it will be easy to learn and have ideas about the “General provisions as to Inquiries and Trials”.
Cr.P.C., 1973. Notes no.2: A General Introduction (with powers of police)
Cr.P.C., 1973. Notes no.2: This notes is useful for both academic and judicial examination purposes.
