Showing : 351-360 of 525 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 3-- Appreciation of evidence of a witness - Court must not be swayed by the horror of crime or the character of the accused - Court should make dispassionate assessment of evidence - Best check on the veracity of a witness is the test of normal human behavior - If the behaviour of the witness is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 438, 389-- Bail or suspension of sentence during pendency of appeal - (a) long pendency of trial or an appeal after conviction would be a consideration for grant of bail; (b) Delay in conclusion of trial is one of the considerations for grant of bail and in case accused is responsible for the delay then no..........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 498A-- Cruelty - Proof - Acts of cruelty are to be alleged and proved - It is not sufficient to merely say that the deceased was subjected to torture or cruelty - Specific acts of omission or commission by the offender has to be specifically proved - In absence of proof of such acts of omission or..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302-- Murder - Appeal against acquittal - Case based on circumstantial evidence - Some suspicion regarding the conduct of the accused at the time of occurrence - Same not conclusively proving and establishing that the accused has committed the murder - Unless and until the evidence adduced clearly and..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 248(2)-- Quantum of sentence - Illustrative factors are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued instantaneously or the victim died after..........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 498A-- Cruelty - Prosecution must establish that wilful conduct of accused in abusing or beating the deceased suspecting her fidelity was of such a nature, as was likely to drive the deceased to commit suicide or cause grave injury or danger to life or health (mental or physical) of the woman...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 324, 34-- Conviction u/ss 324 r/w S.34 IPC - Pre-exiting enmity between two families - Two convicts women and they not having any criminal record or previous conviction - Having regard to their age, character and antecedents and the circumstances in which the offence was committed, they ordered to be..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 107-- Instigate - Where the accused by his acts or omission or by a continued course of conduct, created such circumstances that the deceased was left with no other option except to commit suicide, in which case, an `instigation' may have to be inferred...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 107-- Abetment - In order to prove that the accused abetted commission of suicide by a person, it has to be established that: (i) the accused kept on irritating or annoying the deceased by words, deeds or wilful omission or conduct which may even be a wilful silence until the deceased reacted or pushed..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 120B-- Criminal conspiracy - Ingredients of the offence are : (i) an agreement between two or more persons; (ii) the agreement must relate to doing or causing to be done either (a) an illegal act; (b) an act which is not illegal in itself but is done by illegal means - Criminal conspiracy is hatched in..........

Showing : 351-360 of 525 Results