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RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Recovery of weapon - Accused `N' had only disclosed the spot where he had allegedly thrown the knife and in pursuance of this disclosure, no recovery has been affected - Disclosure regarding identification of spot where knife was thrown without any recovery is again inadmissible..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - No eye witness of incident except the prosecutrix herself - Nobody is even seen prosecutrix while accused was taking her away with him - Delay of more than 3 days in lodging of FIR - No report has been lodged even about missing or `Gumshudagi' of prosecutrix - Prosecutrix not only admitted her..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 34, 504 -- Murder - Common intention - When all the three accused persons separately armed with weapons storm into house of deceased, merely because only one out of them uses the weapon and gives the fatal blow, would not absolve others - Other two accused may not be required to use their weapons but that by itself does not change..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32 -- Murder - Cruelty - Two dying declarations - Deceased stated before doctor that her mother-i, law and brother-i, law poured kerosene oil on her body and set her on fire while her husband was not there - Second dying declaration was recorded by..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 324, 394, 34 -- Murder - Accused persons being patients of deceased and familiar to him fired upon deceased which was witnessed by his wife - Wife of deceased fainted on receiving injury by butt of gun after witnessing entering of accused armed with guns and murder of her husband - There is ocular witnesses to actual commission of..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 324, 394, 34 -- Murder - Common intention - All three accused had come armed with firearms with common object and intention of committing murder of deceased - For applicability of S.34 it does not matter as to who actually fired the shot - It also does not matter that accused `B' had not fired the shot - Fact that all accused..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 323, 324, 325, 326, 504, 506 -- Voluntarily causing hurt and grievous hurt - Accused assaulted injured persons with lathis fitted with farsa - FIR lodged after 2-1/2 days and no explanation given for such delay - I.O not stated in his evidence that injuries sustained by injured were caused by accused persons - Infact injured had received..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 307, 148, 149, 120B -- Murder - Accused was not named in FIR - No test identification parade was held - After expiry of four years of incident, accused was identified in Court by a witness - No specific role assigned to accused - It is neither safe nor proper to convict accused particularly when enmity and election rivalry between both..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 423, 424, 34 -- Anticipatory bail - Offence u/ss 420, 406, 423, 424 & 34 - Dispute is purely a business transaction - Whether there was any dishonest intention to cheat the complainant remains to be seen only when parties adduce oral and documentary evidence - Disputed questions of fact..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - "Soon before her death" - There must be material to show that "soon before her death" the woman was subjected to cruelty or harassment "for or in connection with dowry" - Facts must show the existence of a proximate live link between effect of cruelty based on dowry..........

Showing : 5751-5760 of 15734 Results