Shishan Vs. State of Rajasthan - Court Judgment

Excerpt:
- order 20, rule 18: [s.b. sinha & deepak verma, jj] suit for partition - respondent, sister asked for partition by legal notice - matter not resolved - plaintiff, brother filed suit for partition in respect of certain property of his father all properties inherited by his father under registered partition deed not included in suit - ignoring documents filed and admitted by parties and giving undue weight to legal notice by respondent in which she allegedly failed to mention other properties owned and possessed by her father held, not proper. order by court directing partition of suit property only was set aside and matter remitted for consideration afresh. section 23 & tamil nadu act, 1990, section 29a: [s.b. sinha & deepak verma, jj] right of daughter in coparcenary property -.....the text below is only a summarized version of the order pronouncedthe appellant was convicted for murder on the basis of the evidence of child witness and hence assailed that the conviction for offence under section 302 could not be made on the basis of the testimony of child witness. the apex court while confirming the conviction of the appellant by the high court held that the evidence relied on by the courts below suffers from no infirmity as the child who was the solitary witness had sufficient maturity to depose as to what he saw and nothing was brought out in the cross-examination to have an iota of doubt about his capacity to depose.

Judgment:
The Text below is only a summarized version of the order pronounced

The appellant was convicted for murder on the basis of the evidence of child witness and hence assailed that the conviction for offence under Section 302 could not be made on the basis of the testimony of child witness. The Apex Court while confirming the conviction of the appellant by the High Court held that the evidence relied on by the Courts below suffers from no infirmity as the child who was the solitary witness had sufficient maturity to depose as to what he saw and nothing was brought out in the cross-examination to have an iota of doubt about his capacity to depose.