PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306-- Abatement of suicide - Proof of - As per testimony of PW1 and PW3 appellant was a drunkard and to satisfy his urge for alcohol he had even mortgaged dowry articles - He had been harassing, beating, humiliating and demanding money from his wife - Demand for money had been earlier fulfilled 4-5..........
KERALA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 376-- Rape - Victim incompetent to testify - Probative value of statement made by such victim to the doctor who examined her - Can be relied on...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 323-- Free fight - Members of both sides got injured - One person succumbed to the injuries - In order to save them from the clutches of the deceased and the complainant, free blows were exchanged through Gatras - Main blow on the chest of deceased caused by accused died during pendency of appeal -..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 202-- Bail - Dentist giving medical aid to accused - Previous plan to provide medical aid to any assailant getting injured - Even a dentist can apply stitches in an emergency - Only offence of accused is not giving information of crime to the police - An important factor for granting bail is delay in..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 323-- Reduction in sentence - Conviction altered from S.302 IPC to S.323 IPC - Accused served about a year in prison (pending trial) and is in prison for approximately seven months after conviction by High Court - Accused aged about 82 years and also suffering from asthma and other old age ailments -..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 304-- Part II - Nature of offence - Accused voluntarily taking the deceased to hospital and donated his own blood to save his life and also informed father of deceased about his health conditions - Held, these are the mitigating circumstances in favour of accused to show that in spite of fact that..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 348, 304iII, Constitution of India, 1950, Article 21-- Illegal detention - Death by torture - Deceased died of multiple injuries which were caused in course of interrogation of a case, when deceased was in illegal custody of police - Evidence of witnesses and circumstances established beyond vestige of doubt that deceased was subjected to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Abduction, kidnapping and rape - Prosecutrix remained with accused for 13 days and travelled various places on public transportation and had many opportunities to escape and raise alarm - Held, silence of prosecutrix amounts to her being a consenting party - Story of intoxication and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 376-- Rape - Age - As per radiological test age of the prosecutrix around 15-1/2 to 16 years - Variation of two years either side - Held, age deserves to be counted towards higher side...........
ORISSA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 25, 27-- Murder - Accused allegedly committed murder of deceased by strangulation - Confessional statement of accused which led to recovery of dead body recorded by Assistant Sub Inspector and thus inadmissible in face of bar of S.25 of the Evidence Act - No where in his statement, accused offered to lead..........