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SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 498A, 304B -- Homicidal, suicidal burn injuries and accidental burn injuries - In the case of homicidal death, if the victim is caught unaware, a person may not be able to make any effort to save himself/herself - In case of suicidal burn injuries a person may take all precautions not to save himself/herself - In case of accidental burn..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - Accused contended that deceased died due to bursting of stove which was accidental - Contention rejected as during investigation burst stove was not found at the place of occurrence - Deceased suffered 70% burn injuries which held to be sufficient to cause death in ordinary course of..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 306, 114, 498A -- Abetment of suicide - Cruelty - Trial Court acquitted all accused except husband who was convicted for offence u/s 498-A IPC only and sentenced to 3 days S.I - However, there was evidence on record to prove the factum of cruelty and death of deceased but it was not brought on record by prosecuting agency - Prosecution..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 304B, 498A, Criminal Procedure Code, 1973, Section 439 - - Murder - Dowry death - Deceased committed suicide and a suicide note was found near the body of deceased - In the suicide note there was no allegations of maltreatment on account of demand of dowry at the hands of husband of deceased and rather deceased appreciated the conduct..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/s 306 IPC - Accused is already in custody - Challan has been presented and charge has been framed against accused - Conclusion of trial may take time - Moreover, accused is in under treatment in PGI Chandigarh - Bail granted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Lodging of FIR by wife u/s 498-A IPC against husband and his family members - Unless there is a finding of Court that complaint as false, it cannot be said that complaint filed by wife contained false allegations - Initiation of legal proceedings for redressal of one's legal rights or to punish wrong doers..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 300 -- Exception 4 & 304(Part II) - Culpable homicide not amounting to murder - Death of deceased was homicidal on account of injuries sustained by him - No premeditation on part of accused as scuffle took place due to sudden provocation on part of accused - Intention to commit crime is absent - This is further corroborated by the fact that..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - Distinction between S.304(Part I) & S.304(Part II) IPC - If there is intent and knowledge then same would be case of S.304(Part I) IPC - But if it is only a case of knowledge and not intention to cause murder and bodily injury then the same would fall u/s 304(Part II) IPC...........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Source of light - Complainant stated that in the light of torch and bulb he identified the accused persons very well - Torch has been produced before Court but place of bulb not shown in site plan - In absence of electric supply bulb may be lighted with battery and inverter or generator - Nothing on record to..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Reliability of complainant - Nothing on record to disbelieve that deceased and complainant were not going together at the time of occurrence - Presence of complainant and deceased may not be denied on the ground that no blood stain was found on his clothes or body - Their presence at the time of occurrence said..........

Showing : 5851-5860 of 15734 Results