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SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Soon before - It is laden with notion of proximity test and not synonymous with `immediate before'...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Complaint u/s 138 of the Act and separate complaint against accused u/s 420 IPC - Maintainability - Ingredients of offence punishable u/s 138 of the Act and S.420 IPC are completely different and in case where prosecution fails u/s 138 of the Act, accused..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Last seen evidence - Question of identification of accused by witnesses of last seen cannot be treated evidence to connect the accused with crime as nothing was stated by said witnesses regarding last seen evidence - Evidence of last seen does not connect the accused with crime -..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of weapon of offence and T-shirt of accused - When no blood was found on the recovery of weapon of offence and T-shirt of accused, recovery of said materials is not relevant so as to connect the accused with crime - Conviction & sentence set aside - Accused acquitted...........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments - No identification of said ornaments made before Magistrate as said ornaments were immediately identified by complainant - When ornaments were not opened before Magistrate for the purpose of identification then it cannot be said that prosecution proved its..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments - Blood stains on ornaments were not mentioned in the recovery memo as recovery effected after 2-1/2 months from the date of incident, however, said ornaments were sent to FSL and blood stains were found upon them - It is beyond imagination that blood stains..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden fight - No premeditation and accused had not acted in `unusual manner' - Case covered u/s 300 exception 4 IPC - Conviction altered from S.302 IPC to S.304(Part I) IPC...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Merely for the reason that 27 accused acquitted out of 30 as charge against them not proved beyond reasonable doubt, it cannot be said that persons who committed the crime were only three in number or that assembly was of three persons only - Evidence on record shows that there was unlawful..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 - - Offence u/ss 307, 34 IPC - Although plea of juvenility was raised at belated stage before Supreme Court but the same was allowed - Incident occurred 40 years back - Accused `I' is now 55 years of age - There is no question of sending him to an observation home for possible reformation - Conviction..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Accused `M' 80 years of age and he has age related medical problems also - Nature of injury inflicted upon victim has not resulted in any major physical disability or reduced his life span - Sentence reduced from 5 years R.I to 6 months with Rs.1 lakh as fine and out of which Rs.75,000..........

Showing : 5291-5300 of 15734 Results