By now it is well-settled principle of law, that false explanation or non-explanation can only be used as an additional circumstance, when the prosecution has proved the chain of circumstances leading ...
It is true that the incident happened in the matrimonial home and some presumption regarding the special knowledge etc. could be raised in such a situation. But the basic onus on the prosecution is to ...
A noticeable feature in the case is that the report Exhibit P. A. is said to have been prepared on the basis of the "rough notes" prepared by P.W. 1 but the "rough notes" is not forthcoming and has ...
22. It could thus be seen, that it is well-settled that Section 106 of the Evidence Act does not directly operate against either a husband or wife staying under the same roof and being the last person ...
9. The prosecution examined 15 witnesses. The accused also examined two witnesses in his defence. The defence of the accused was of total denial. According to him, it was a case of suicide and not ...
Prosecution failed to establish as to why none of the local persons were called to be the witnesses. The conduct of the prosecution appears to be extremely doubtful and renders the case as concocted, ...
On this basis the learned trial Judge held that the bruise marks on scapular region and waist of the dead body noted in the Inquest Panchnama by the Investigating Police Officer, ...
There is evidence of doctor and there is C.A. report to show that death took place due to insecticide. The evidence on record shows that accused persons do not own agricultural land and they are ...
In the instant case, there is no doubt that there is evidence to suggest that the deceased was subjected to harassment and cruelty by the Appellant and his family members in connection with demand of ...
It is the submission of learned senior counsel for the appellant that after resumption of co-habitation till unfortunate incident of drowning, there is no evidence to show that during this period of 3 ...
It was also not disputed that while fixing the marriage, no demand for dowry was made. In view of these facts and circumstances, it is not believable that within seven days of the marriage, they would ...
17. It is clear, therefore, the word 'statement' used in section 157 of the Act means 'something that is stated' and the element of communication to another person is not included in it. As such the ...