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Devinder Alias Kala Ram and ors. Vs. the State of HaryanA.

Court : Supreme Court of India

..... this statement of the deceased recorded by pws is relevant under section 32 of the indian evidence act, 1872 which provides that statements, written or verbal, of relevant facts made by a person who is dead, are themselves relevant facts when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the ..... section 304b, ipc, and section 113b of the indian evidence act, 1872, in other words, only provide what the court shall presume if the ingredients of the provisions are satisfied, but if the evidence in any case is such that the presumptions stand rebutted, the court cannot hold that the accused was guilty and was punishable for dowry ..... 304b of the ipc and section 113b of the indian evidence act,1872 are to be read together and are quoted hereinbelow:" ..... "thus, section 113b read with section 4 of the indian evidence act, 1872 would mean that unless and until it is proved otherwise, the court shall hold that a person has caused dowry death of a woman if it is established before the court that soon before her death ..... "shall presume" has been defined in section 4 of the indian evidence act, 1872, relevant part of which is extracted hereinbelow:"'shall presume'. ..... he vehemently argued that section 113b of the indian evidence act, 1872 is clear that when the question as to whether a person has committed dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or .....

Raja Ram Jaiswal Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1964SC828; 1964CriLJ705; [1964]2SCR752

..... 25 of the indian evidence act, 1872. 2. ..... . it rather enjoins upon a police officer not to offer or make or cause to be offered or made, any such inducement, threat or promise as is mentioned in the indian evidence act, section 24, and not to prevent any person from making a voluntary statement in the course of an investigation ..... . 25 of the evidence act, nor the evidence act of 1872 itself defined a police officer, that the definition of the word 'police' in the police act of 1861 was not a definite definition but only an inclusive one and that the expression 'police officer' being not precise in defining the class of officers covered by it was to be a interpreted according to what the original intention ..... 25 of the indian evidence act embodies an important rule, which is to be given effect to as a matter of substance and not as a mere matter of form and that it is a perfectly fair interpretation of s. ..... 25 of the indian evidence act. ..... of investigation of an offence against the excise, exercises the powers conferred by the code of criminal procedure upon an officer in charge of a police-station for the investigation of a cognizable offence, a police officer within the meaning of section 25 of the indian evidence act ? .....

Vivek Kalra Vs. State of Rajasthan

Court : Supreme Court of India

..... we are, however, of the opinion that where prosecution relies on circumstantial evidence only, motive is a relevant fact and can be taken into consideration under section 8 of the indian evidence act, 1872 but where the chain of other circumstances establish beyond reasonable doubt that it is the accused and accused alone who has committed the offence and this is one ..... section 8 of the indian evidence act, 1872, however, provides that the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it ..... we have considered the submissions of the learned counsel for the parties and we agree with the learned counsel for the appellant that from the evidence of pw-11 one could not hold that the appellant had committed the murder of the deceased to take revenge on his uncle (pw-11), who had not given him ..... that the finding of the high court in the impugned judgment on the motive of the appellant to commit the offence is based on the evidence of gurcharan kalra, pw-11, about the fixed deposit of rs.80,000/- of the appellant, which the appellant used to demand, but from this evidence the high court could not have come to the conclusion that the motive of the appellant was to take revenge by killing the deceased. ..... the evidence as regards his conduct either preceding, during or after the commission of the offence as envisaged under section 8 of the evidence act .....

Aghnoo Nagesia Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1966SC119; 1965(0)BLJR865; 1966CriLJ100; 1966MhLJ113(SC); [1966]1SCR134

..... indian evidence act, 1872. ..... the indian evidence act does not ..... high court held that where it is possible to separate parts of thefirst information report by an accused from that in which he had made aconfession, that part which can be so separated should be admitted in evidence,and on this view, admitted a part of the report relating to motive andsubsequent conduct including the statement that the accused had left thedeceased lying wounded and breathing in the tibari and there was no hope of ..... to confessions is to befound generally in sections 24 to 30 of the evidence act and sections 162 and 164 of the code of criminal procedure, 1898. ..... 17 to 31 of the evidence act are tobe found under the heading ..... section 25 of the evidence act is one of the provisions of law dealingwith confessions made ..... 24 of the evidence act, the whole of the confession ..... 26 of the evidence act, the entire confessional statementin all its parts including the admissions of minor incriminating facts mustalso be excluded, unless proof of it is permitted by some ..... 21 of the evidence act and is relevant ..... 27 of the evidence act, a confession byan accused to a police officer is ..... evidence act ..... the evidence act. ..... evidence act ..... 304-a of the indian penal code, and itwould not be permissible to admit in evidence each sentence separately as ..... of the act, if the informant iscalled as a witness if the first information is given by the accused himself,the fact of his giving the information is admissible against him as evidence ofhis conduct .....

R.Ravi Vs. the Deputy Transport

Court : Chennai

..... a-1, and there is no necessity to examine the witnesses mentioned in suit pronote as per section 68 of the indian evidence act 1872 and has come to a resultant conclusion that the appellant/defendant has not proved that he has not received the loan from the respondent/plaintiff and further that the respondent/plaintiff ..... coming to the aspect of the 'burden of proof' under the indian evidence act 1872, it is to be pointed out that as per section 118 of the negotiable instruments act, the presumption to be attached to a negotiable instrument unless the contrary is established certain presumption can readily ..... obviously the learned counsel for the appellant/defendant though harped on the ingredients of section 68 of the indian evidence act, they are not very much required to prove the execution of ex ..... as to the quantum of consideration as defined by the mere existence of consideration, has to be drawn, not by virtue of section 118 of the negotiable instruments act or even under section 114 of the indian evidence act, but only from the recitals. ..... the appellate court has in its judgment has rightly observed that the finding rendered by the trial court as per section 68 of the indian evidence act in the main suit is not correct, etc.33 ..... in this connection, section 106 of the indian evidence act speaks of burden of proving fact, especially within the knowledge of ..... as per section 101 of the indian evidence act, the onus to prove rests on the individual, who asserts a certain fact of any right .....

R. Shaji. Vs. State of KeralA.

Court : Supreme Court of India

..... the van was in accordance with the provisions of section 27 of the indian evidence act, 1872 (hereinafter referred to as the ?evidence act), and as the same was done at the behest of the appellant, his conduct was relevant under section 8 of the evidence act.9. ..... sc 2669 and held that, the evidence from a test identification parade is admissible under section 9 of the evidence act, 1872. ..... argument seems to be rather attractive at the outset, but has no substance, for the reason that the law does not prohibit taking into consideration even the evidence provided by an accomplice, who has not been put to trial.it is a settled legal proposition that the evidence provided by a person who has not been put to trial, and who could not have been tried jointly with the accused can be considered, if the ..... section 157 of the evidence act makes it clear that a statement recorded under ..... when a statement is recorded in court, and the witness speaks under oath, after he understands the sanctity of the oath taken by him either in the name of god or religion, it is then left to the court to appreciate his evidence under section 3 of the evidence act. ..... the quality and not quantity, which determines the adequacy of evidence, as has been provided by section 134 of the evidence act. ..... in fact, the high court re-appreciated the evidence of the said witness and held as under:the act of identifying the victim from his passport size photograph seems ..... that atleast his evidence as regards the act of accused nos. .....

Lakshmi Vs. Joint Family Manager M.Ganapathy.

Court : Chennai

..... the learned counsel appearing for the petitioners had also submitted that the oral evidence adduced by karuppathal, in favour of the petitioners, is admissible, as per section 50 of the indian evidence act, 1872.7. ..... though this court, by its order, dated 13.11.2007, made in c.r.p.no.2742 of 2007, had remanded the matter back to the trial court, after setting aside the order, dated 10.7.2007, made in i.a.no.650 of 2004, to consider the evidence of one subbathal and to pass orders, afresh, on merits and in accordance with law, the trial court had found that no evidence had been let in by a witness in the name of 'subbathal'. ..... therefore, the observations of the trial court, as well as of this court, that there was no evidence shown to be available, in respect of i.a.no.650 of 2004, was right.8. ..... however, without considering the said affidavit, wherein she had made certain statements in favour of the petitioners, the trial court had dismissed the claims made by the petitioners, as though no evidence was available on record, in the said interlocutory applications. ..... further, the petitioners have not been in a position to show that a witness, by name 'subbathal' had let in evidence, in favour of the petitioners in i.a.no.650 of 2004.13. ..... it is also noted that the trial court had also recorded that there is no documentary evidence marked in favour of the petitioners. .....

Ayaaubkhan Noorkhan Pathan. Vs. the State of Maharashtra and ors.

Court : Supreme Court of India

..... evidence within the meaning of section 3 of the evidence act, 1872:it is a settled legal proposition that an affidavit is not evidence within the meaning of section 3 of the indian evidence act, 1872 (hereinafter referred to as the 'evidence act ..... the principles analogous to the provisions of the indian evidence act as also the principles of natural justice demand that the maker of the report should be examined, save and except in cases where the facts are admitted or the witnesses are ..... affidavits are therefore, not included within the purview of the definition of "evidence" as has been given in section 3 of the evidence act, and the same can be used as "evidence" only if, for sufficient reasons, the court passes an order under order xix of the code of civil procedure, 1908 (hereinafter ..... principles of natural justice as also according to the procedure under o.19 of the code and the evidence act, both of which incorporate the general principles."33. ..... the aforesaid discussion are not considered to be evidence, within the meaning of section 3 of the evidence act. ..... (e) of the evidence act provided for the court to pronounce that the decision taken by the scrutiny committee has been done in regular course and the caste ..... , air 1981 sc 1298, this court considered a case under the indian companies act, and observed that, "it is generally unsatisfactory to record a finding involving grave consequences with respect to a person, on the basis of affidavits and documents alone, without asking that .....

Gopal and anr. Vs. State of Rajasthan.

Court : Supreme Court of India

..... under section 105 of the indian evidence act, 1872 (in short "the evidence act"), the burden of proof is on the accused, who sets up the plea of self- defence, and, in the absence of proof, it is not possible for the court to presume ..... .contentions:4) after taking us through the entire material relied on by the prosecution and the defence, learned amicus curiae appearing for the appellants submitted that it is evident from the site plan that the members of the complainants party were the aggressors and they came to the field of the accused persons and attacked them. ..... pws 7, 8 and 10 coupled with the fact that the incident occurred in the field of the appellants, who also sustained injuries which is evident from the evidence of the doctor, who examined the injuries of gopal (a-1) and mahesh (a-3)-appellants herein, the stand of the appellants, as rightly argued by ..... right of private defence is still available to the appellants when they chased prabhat near durga-ki-dhani and inflicted lathi blows on him" we have already noted the evidence of pws 7, 8 and 10 which clearly established that prabhat (since deceased) was not present at the place where rameshwar was assaulted. ..... of them, in the appeal before the high court, except the present appellants (a-1 & a-3), others were acquitted.8) in support of their claim, the prosecution heavily relied on the evidence of bodu ram (pw-7) and bhagwan sahai (pw-8) " injured eye-witnesses and badri yadav (pw-10) son of prabhat (since deceased). .....

Maria Stella, Vs. T. Joseph Catherine,

Court : Chennai

Reported in : AIR2003Mad270; (2002)3MLJ111

..... though those documents were registered, in view of section 68 of the indian evidence act 1872, the execution of the same has to be proved by examining at least one ..... if the attesting witness is not available and even available if he is not able to recollect the facts,under sec.71 of the indian evidence act,the propounder can prove the execution of the will by any other evidence that may be available and it is not necessary that the scope of proof should be as submitted by the learned senior counsel appearing for ..... attesting witness was alive and available for examining him to prove the execution of the same, he was not examined.so, even without complying with the said requirement under section 68 of the indian evidence act, probate was issued with respect to the said will and codicil. ..... died nearly after 8 years from the date of execution of the said will and codicil and so the presumption under sec.114 of the indian evidence act has to be applied. ..... one of the attestors was examined as p.w.6, but his evidence is not at all useful to the respondents to discharge their burden contemplated under sec.68 of the indian evidence act. ..... the court is bound to apply the presumption under section 114 of the evidence act and hold that the will was presented for registration by its execution and registered properly in ..... do most certainly hold the view that whatever the english law may be, ss.68 to 71,evidence act, do not necessarily state it, and the matter is governed by the expression found in .....