RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341-- Dying declaration - Principles to be kept in view while dealing with a case of dying declaration : (i) Dying declaration can be the sole basis of conviction if it inspires the full confidence of the Court; (ii) The court should be satisfied that the deceased was in a fit state of mind at the time..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341-- Dying declaration - Evidentiary value - Deceased burnt alive - PWs.2 to 6 witnessed death of deceased - Dying declaration made while deceased was conscious - Absence of certificate of doctor as to fit state of mind of deceased - Held, cannot make dying declaration unreliable - Conviction upheld...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 320,482, Indian Penal Code, 1860, Section 307, 498A,323,504,506-- Compounding of offence - Offence u/ss 307, 498-A, 323, 504 & 506 IPC - Parties compromised - S.320 Cr.P.C. does not limit power of High Court u/s 482 Cr.P.C. - S.320 Cr.P.C. is not a bar to exercise power of quashing - Proceedings quashed...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 84-- Plea of insanity - Accused was suffering from insanity on the date of incident - Incident happened on 18th of February, 1996 and even before challan was filed on 26th April, 1996, accused had been sent to Medical Hospital, Jaipur for treatment - She had remained admitted in hospital for treatment..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 420, 120-B - Complaint filed alleging cheating - Matter involved of civil dispute relating to a contract - Held, when matter involved is purely of civil nature then criminal proceedings cannot continue - Order taking cognizance quashed...........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306, 107-- Abetment of suicide - Illegal omission constitutes the abetment of an offence...........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - Suicide by hanging - Husband and wife living together - They quarrelled - Wife thereafter hanged herself from the ceiling fan - Husband did not make any effort to stop her from hanging and did not try to loose noose of knot before his wife died - Informed his neighbours that..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 364, Criminal Procedure Code, 1973, Section 154-- Kidnapping - Delay in lodging FIR - FIR was not lodged for a long period of 13 days - Miscreants belonged to extremists group and out of fear FIR was not lodged immediately after the incident - PW2 i.e. the informant, in his evidence also stated that due to fear he did not lodge FIR immediately..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302,307-- Murder - Attempt to murder - Proof - Accused persons alleged to have assaulted deceased and his wife which resulted in death of deceased and serious injuries to his wife - Evidence on record shows that on day of incident there was quarrel between accused and deceased - Accused threatened deceased..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 498-A, 323, 504 & 506 IPC and Ss.3/4 Dowry Prohibition Act - Applicant Nos.3 to 6 are mother-in-law, unmarried sister-in-law, aunt (sister of father-in-law) - It is highly improbable that the applicants had accompanied husband and father-in-law to abuse and beat the complainant and..........