SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 302, 307-- Husband allegedly committed murder of wife and son by inflicting knife injuries - Informant also son - Statement of the eye witness credible - Eye witnesses were natural and most probable - Presence of other persons at the place of occurrence immediately after the commission of crime also probable..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 306, 376, Criminal Procedure Code, 1973, Section 372, 377, Constitution of India, 1950, Article 136-- Offence u/ss 306, 376 IPC - High Court acquitted accused u/s 306 IPC - Conviction u/s 376 IPC maintained but sentence reduced to that already undergone - Appeal by National Commission for Women and not by State or the heirs of deceased - Maintainability - Held : (a) Supreme Court grants leave to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304B-- Death of deceased in matrimonial house due to poisoning within one year of marriage - Father and mother of deceased with unison deposed about chain of events regarding dowry demanded by accused, payment of Rs.15, 000/- in June and incident occurred in September - Cause of death not relatable with..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Indian Medical Council Act, 1956, Section 15(3), Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 304A-- Medical negligence - Accused practicing allopathic system of medicine though possessed licence issued by Bihar State Ayurvedic and Yunani Medicine Council - Death of a person to whom accused gave injections and tablets - Samples of allopathic medicine taken from clinic of accused - Accused sent up..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 498A, 306-- Reduction in sentence - Husband and mother-in-law convicted and sentenced on the allegation of cruelty and abetment of suicide - Incident of the year 1994 - Husband got remarried and had got two children - Mother-in-law 70 years of age - Substantive sentence reduced to one already undergone...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304-- Nature of offence - One gandasi blow given on the head of deceased - Blow not repeated - Accused had no intention to commit murder but he had the intention of causing such bodily injury which was likely to cause death - Co-accused did not inflict any injury on the person of the deceased -..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 376, 323, 34-- Rape - Two accused gave beating to the prosecutrix who was a foreign national and raped her - Doctor found 13 injuries on the person of prosecutrix - Prosecutrix had no enmity with any of the accused nor she knew them before the date of incident - Shawl of the prosecutrix recovered from the room..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 34-- Common intention - No overt act attributed to appellant - If participation of accused in crime is proved and common intention is absent, then S.34 IPC cannot be invoked...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 376-- Rape of foreign national by two accused - Delay of three days in lodging FIR - Held, a foreign national after rape must be in a condition of shock - Prosecutrix lodged report to the police on getting instructions from Embassy - Delay well explained...........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Medical evidence in conformity with ocular evidence - No doubt in manner of assault and weapons used for causing instantaneous death - Presence of eye witnesses who are relations quite natural - Victim was charged previous night for applying with witch craft upon wife of one of appellant..........