SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 11-- Murder - Death by burning - Plea of alibi - Allegation against sister-in-law (wife of brother of husband) - Accused convicted only on the basis of dying declaration of deceased - However, accused was living separately in a different house with her husband - Vague and cryptic allegations are found..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25-- Murder - Gunshot injury - Intention - Carrying of weapon from before and its utilization at the time of occurrence by injuring deceased on a vital part of body leaves no room for doubt that intention was clearly to finish off deceased...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 3, 113B-- Dowry death - Deceased died unnatural death within 7 years of her marriage - Cause of death was consumption of poison - Dead body of deceased recovered from canal - But there is no witness who has either seen deceased consuming poison or dead body of deceased being thrown by accused in canal -..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25-- Murder - Gunshot injury - Injury sustained by deceased is 315 bore bullet injury and is on vital part of body - Injury was sufficient in normal course of things to cause death - This medical evidence supported by testimony of PW4, which clearly corroborates entire testimony led on behalf of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 201-- Causing disappearance of evidence - Dowry death case - Allegation that dead body of deceased was thrown by accused in the canal - However, there is no witness who has seen dead body of deceased being thrown by accused in canal - Offence u/s 201 IPC not made out against accused - Accused acquitted...........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 332-- Offence u/s 332 IPC - Reduction of sentence - Both the accused suffered imprisonment for 1 month - Accused are very poor and one of accused is seriously ill - Substantial justice would be met if period of sentence already suffered is set off by increasing fine amount - Accused thus, have to pay..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 417, 419-- Rape - False promise of marriage - Love affair between parties - Promise to marry by cousin brother - Prosecutrix must be in full knowledge of fact that such marriage would never occur - Prosecution failed to substantiate charges levelled against accused beyond reasonable shadow of doubt - Accused..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 506, 427, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 506, 427 IPC - Quashing of charge sheet - Entire criminal prosecution inspired by express mala fide - Version in criminal prosecution is full of high improbabilities - Continuation of criminal proceedings on that basis likely to result in abuse of Court's process - Entire proceedings..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 332, 353, Arms Act, 1959, Section 3, 25-- Conviction - Cross-firing - False implication of accused - Appreciation of evidence - As per prosecution story when `N' and accused were running away from their house, they fired at police party, in crossfire `N' sustained gun shot and died - It is revealed that police party fired from a distance..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 396-- Dacoity with murder - Accused allegedly broke the doors of house of informant and assaulted inmates of house with pieces of wood - Recovery of bloodstained sticks from orchard and FSL report proves the said circumstance with no manner of doubt - Confessional statement of accused itself depicts..........