Criminal Trial – Alibi -Alibi means ‘elsewhere’- The plea of alibi can be applied only if the ‘elsewhere place’ is far away from the place of occurrence so that it was extremely improbable or impossible for the person concerned to reach the place of occurrence and to participate in the crime on the relevant date and time of occurrence. (Para 10) The effect of false plea of alibi– When the accused gave a false plea that he was not present on the spot, his statement would be regarded as additional circumstance against him strengthening the chain of circumstances already found firm. (Para 14)
Indian Evidence Act – Section 101,106- Section 106 is an exception to the general rule laid down in Section 101, that the burden of proving a fact rest on the party who substantially asserts the affirmative of the issues and that this Section is not intended to relieve any person of that duty or burden. (Para 18)
Murder Cases – More often criminals would try to dub a murder as suicidal or accidental death. The identification of the nature of the death is, therefore, always an important medico-legal problem. In that regard, the Courts concerned have to study the total evidence to discern whether death is a case of homicide or suicide or accidental. (Para 7)