Whether it caused reasonable apprehension that it would be harmful or injurious to live with the other. Non-examination of these two witnesses regarding the presence of this witness at the place of occurrence create doubt. The present appeal, by special leave, is preferred by the Appellant assailing the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. The appeals are, accordingly, dismissed. That word has to be understood in the ordinary sense of the term in matrimonial affairs. In the said judgment, the relevant portion stated in paragraph No. C much valuable time of the Court will be consumed for getting an answer of mere denial.
In view of above discussions, I find merits in the submissions of the learned counsel for the appellants and the appeal deserves to be allowed. No punishment can flow from his refusal to answer or giving false answers. She has stated that she gave Rs. It is only in exceptional circumstances, such as those of statutes as referred to hereinabove, that the burden of proof is on the accused. In addition, we find that the learned trial Judge had also put all the questions to the accused-Appellant pertaining to the marriage and visit of residence and office of the Appellant by the mother. In the instant case, this Court was unable to lay its hand on any evidence, be it ocular or documentary, suggestive of the fact that petitioner had ever proclaimed publically or teased the complainant that she was not his legally wedded wife and similarly, this Court was unable to see any evidence on record that the petitioner ever proclaimed publically that he was not the father of the child born to the complainant.
The further case of the prosecution is that when the accused had taken Kuljit Kaur with the intention to put an end to her life spark. Amit Sharma, she died due to cardio respiratory arrest as mentioned in Ex. The force and effect of circumstantial evidence depend upon its incompatibility with, and incapability of, explanation or solution upon any other supposition than that of the truth of the fact which it is adduced to prove; the mode of argument resembling the method of demonstration by the reductio ad absurdum. Therefore, we are of the view that approach of the trial court to discard the defence theory out rightly without examining its probability was not in accordance with law. The State of Assam in Crl. But we do not consider it the least important to explore this reason because not even a single question on the point of admissibility of these documents was raised on behalf of the prosecution during trial. The aforementioned appeals preferred by appellants challenging the conviction deserve to be allowed, consequently the State appeal deserves to be dismissed.
We now proceed to examine the testimony of the sole witness in the context of the material on record. It is true that the appellant has paid compensation of Rs. Thereafter I saw Manoj Deka was putting Dettol on the wound of my husband. There is a difference between gift given at the time of marriage and dowry. For an offence like this which has been proved against the appellant, sentence of three years awarded by the High Court is too meagre and not adequate but 67 since no appeal has been preferred by the State, we refrain from considering the matter for enhancement. Secondly, in case the witnesses i.
Even under the latter, he faces the consequences in law. There may be a generation gap between us and the parties. A liquor bottle was recovered from the appellant's car. Thus prosecution has failed to prove the presence of this witness at the scene of occurrence by link evidence. Undoubtedly, the importance of a statement Under Section 313 Code of Criminal Procedure, insofar as the accused is concerned, can hardly be minimised. In no circumstances, they should be of an inquisitorial or cross- examination character. We are conscious of the legal position that the evidence of the witnesses recorded during trial is substantive evidence and the case has to be decided on the basis of the substantive evidence.
False explanation given by the appellant. Then she made a general allegation against her mother-in-law and in a lesser degree towards the appellant. In his deposition he stated that he had taken the blood of the accused as he was found in drunken condition. They have not been cross examined in this regard. The spot panchnama shows 70 feet long brake marks in a curve from west side of the road divider towards footpath on eastern side.
P14 and another is in respect of viscera and blood sample. Fracture of the temporal bone with the knife was an impossibility. After completion of investigation, final report under Section 173 Cr. It is difficult to appreciate this conduct on the part of the applicant. Thus, we find force in the submissions advanced by Ms. However, such a presumption can also be raised only when certain foundational facts are established by the prosecution.
His answers to the questions put to him under Section 313 Cr. It is trite that the right to cross examine a witness is not only a statutory right but in in view of the pronouncement of the Supreme Court is a natural right which would inhere in every party to the litigation. The appellants have not chosen to examine any other witness to support this plea and in case none was available they were free to examine themselves in terms of Section 315 of the Code of Criminal Procedure which, inter- alia, provides that a person accused of an offence is a competent witness of the defence and may give evidence on oath in disproof of the charges. The above statement of law would result in a position that a purported recorded statement Under Section 161 of a victim having regard to the subsequent event of the death of the person making the statement who was a victim would enable the prosecuting authority to rely upon the said statement having regard to the nature and content of the said statement as one of dying declaration as deeming it and falling Under Section 32 1 of Evidence Act and thereby commend all the credence that would be applicable to a dying declaration recorded and claimed as such. Now the statements of an accused person recorded Under Sections , and , Criminal Procedure Code are among the most important matters to be considered at the trial.