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DAR, GANGA NATH, IQBAL AHMAD
Chander – Appellant
Versus
Manohalal – Respondent
JUDGMENT
Iqbal Ahmad, C.J. - This is an appeal by Chandra Shekhar and Balak Ram Plaintiffs arising out of a suit for a declaration that the house in dispute was liable to attachment and sale in execution of a decree for costs obtained by them in suit No. 36 of 192. Three persons were arrayed as Defendants in the present litigation. Manohar Lal was Defendant No 1 and his two minor sons Ganesh Datta and Chandra Datta were Defendants 2 and 3.
2. Suit No. 36 of 1928, was brought by Ganesh Datta and Chandra Datta minors against Chandra Shekhar and Balak Ram for recovery of a certain amount of money; Manohar Lal acted as next friend of Ganesh Datta and Chandra Datta in that suit. That suit was based on the allegation that Ganesh Datta and Chandra Datta had advanced by way of loan the amount claimed to Chandra Shekhar and Balak Ram. Chandra Shekhar and Balak Ram, however, pleaded that the amount in suit was not advanced to them by way of loan but was, as a matter of fact, deposited with them by Manohar Lal as his (Manohar Lal's) contribution to the funds of a particular partnership in which Manohar Lal had entered with them (Chandra Shekhar and Balak Ram)
3. The trial Court decreed suit No.
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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