a) A dispute which can’t be resolved without expert opinion; and.

In Subramaniam Swamy v. A Raja[12], the court in its judgments showed that anything which is doubtful cannot be considered as legal proof and such proofs are insufficient to prove any criminal conspiracy. it was held by the Court if the first information is given by the accused himself, the fact of his giving information is admissible against him as evidence of his conduct. (2) Information Not Subject to Disclosure. (c) Continuing Duty to Disclose. As in the above discussion we have already seen that Motive is the main inducing force which induces a person to do some act. Such inferences of the father in law induced the accused in committing a crime and after some time the crime commenced. 8. In the case of Maniram V. State of Madhya Pradesh, the dying declaration was recorded by the doctor but the doctor did not attest the consciousness report of the deceased and also there was no thumb signature on the dying declaration, in that case, the FIR has lost its credibility and it was difficult to rely on the dying declaration. Although it is technically a discovery device, its most important function is to promote the integrity of the fact-finding process, and is related to the due process requirements of Brady and its progeny. In, Jitender Kumar v State of Haryana[15] the Court not believing the plea of alibi as the accused did not provide the sufficient supportive evidence for establishing the defence.

of CrPC empowers a magistrate to record a confession in his presence and such confession will hold enough evidentiary value that the confessor can be held guilty. On hearing the alarm the witness almost reached the place of incident.

The term ‘evidence’ is derived from Latin word i.e., ‘Evident’ or ‘Evidere’ which means ‘to show clearly, or to discover, or to ascertain or to prove.’. The reason behind frequent quarrels was that the accused diverted dirty water stream towards the house of the deceased. Conspiracy means few people come together to do an act with common intention. It is very clear that conduct is one of the very important evidence explained under Section 8 and such importance is only considered when this conduct is in direct form, otherwise, if the conduct is recognised indirectly then it will lose its importance. is- A witness is a person who voluntarily provides evidence to clarify or to help the court in determining the rights and liabilities of the parties in the case. The court found this evidence to be admissible as the act of the child and the accused was of the same part of the single transaction. Any dispute arising from this agreement shall be governed by the laws of New Mexico. In, Ratten V. Queen[1] the victim (wife) called the police for help as her husband was holding the gun and was about to kill her but before the operator could get connected to the call and report the statements of the victim, the call disconnected. Section 45 to 51 of the Indian Evidence Act deals with the provision of admissibility of opinions of third persons, which is also known as ‘expert’s opinion’.

It is one of the most powerful types of evidence as the court need not make any inference because these evidence shows the direct impact and has great value to establish or prove any fact in issues. • Weekly Alibi will not share any identifying information about advertisers with any third parties unless we are required to by law or deem it necessary to protect our interests. : a person X was farming on his land, on seeing another person standing near to his place he called the person for some conversation. 6. The statements made by the person or act of the person should be spontaneous and simultaneous to the main transaction. : The accused was charged for cheating as he was importing goods in Karachi port from Okha port without paying the proper custom duty as he made some arrangements with the customs department. Pieces of Evidence are placed in the court on the basis of witness and even the genesis can be proved of the documents can be proved in the court. The court observed that there were pending litigation between them and dirty water stream induced the frustration between them. Therefore, the law has to be very precise with regards witness and has to check the credibility of the witness, there are some certain issues to the court before the admission of the witness’s statements such as- How many witnesses are needed to prove a fact? : The Court held that the accused can only be convicted if the prosecution completely proves the motive and provide the supporting evidence to establish the commission of the offence by the accused. of the Indian Evidence Act defines facts and fact in issue in such a way that facts mean the. of the Indian Evidence Act provides that a fact or a group of facts may be regarded as proved, until and unless they are disapproved. Upon a defendant’s request, when the state decides to place codefendants on trial jointly, the state shall promptly furnish each defendant who has moved for discovery under this subdivision with all information discoverable under Rule 16(a)(1)(A), (B), and (C) as to each codefendant. (A) Documents and Tangible Objects. Section 118 of the Indian Evidence Act lays down certain rules that ‘who may testify’ the rule expresses the provisions that all personnel shall be competent to testify by the court unless the witnesses are protected by some other provision that they cannot understand the question presented before them to testify any facts and such exceptions can be related to extreme old age, chronic disease, being legally unsound etc. On the other side, a mixed statement which also contains some confessional statement will still lead to an acquittal, is no confession. The general meaning of ‘Evidence’ is ‘a body of facts and information indicating or adjudicating the values of any facts or evidence’. , the dying declaration was recorded by the doctor but the doctor did not attest the consciousness report of the deceased and also there was no thumb signature on the dying declaration, in that case, the FIR has lost its credibility and it was difficult to rely on the dying declaration. (ii) the defendant’s recorded grand jury testimony which relates to the offense charged. Although it is very difficult to obtain the evidence of motive still evidence of motive becomes very important in the case of circumstantial evidence. The Evidence act came into force from 1st September 1872 applies to all over India except the state of Jammu and Kashmir.

Section 164 of CrPC empowers a magistrate to record a confession in his presence and such confession will hold enough evidentiary value that the confessor can be held guilty.

Re-Examination: Re-examination is the process of second and subsequent examination by the suffering party. In Layman’s language, a transaction may be considered as a series of certain acts and when all the actions are carried in the same situations at the same point of time then such situation or condition be called as the act of the same transaction.

The statement made should not be an opinion and must be a statement. The most important principle of this doctrine is that all the facts must be described in the same transaction. On seeing such activity other people came to the place of incident to stop the fight but subsequently, the offender tried escaping. § 3509(m). Preparation includes arranging the essentials objects for the commission of a crime/offence. The most important role of this part is that the relevant conduct must bring the court to a conclusion of the dispute. Except as provided in paragraphs (A), (B), (E), and (G) of subdivision (a)(1), this rule does not authorize the discovery or inspection of reports, memoranda, or other internal state documents made by the district attorney general or other state agents or law enforcement officers in connection with investigating or prosecuting the case. (ii) the defendant intends to introduce the item as evidence in the defendant’s case-in-chief at trial. Whereas transaction means a group of facts which are so connected to each other that they can be considered as a single fact. Section 8 of The Indian Evidence Act also defines. Rules 12.1 and 12.2, although not technically discovery rules, are closely related. Also in the case of Sukhar V. State of UP [17], it was observed that if the dying declaration in the FIR is not sufficient to ascertain the facts and reasons for the cause of his death, even though the FIR has enough information related to the accused and details of the incident. Defendant, Defendant’s counsel, and each Authorized Person who receives Prima Facie Contraband shall maintain the Prima Facie Contraband in a safe and secure area consistent with the provisions of this Order to prevent unauthorized disclosure or dissemination. Although previously it was not relevant for the court to know that where he was as the investigation showed that he committed the crime but his explanation that he was not at the place of incident make the irrelevant facts a relevant fact. In, Palvinder Kaur v State of Punjab the Supreme Court observed two aspects which are: Firstly, the definition of confession is that the accused must either admit the guilt or admit subsequently all or few facts which constitute the offence. And the Court supported the case from the prosecution side. Welcome to Alibi Music Library! Radhakrishna v. State of Karnataka, Appeal held that ‘the principle on which a dying declaration is admitted in evidence is indicated in the Latin maxim, ‘nemo morturus procsumitur mentri’, which means that a man will not meet his maker with a lie in his mouth.