Indian Penal Code, 1860, Section 498A, 306 -- Cruelty and abetment of suicide - Suicide within four months of marriage - Husband having illicit relation with another woman - Husband's illicit relation with another woman definitely created psychological imbalance to the deceased which led her to take the extreme step of committing suicide - Conviction, held, proper...........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 392 -- Extra-judicial confession - Murder case - PW2 stated that accused confessed before PW1 and who in turn told about the same to him - Information received by PW2 from PW1 about extra-judicial confession made by accused is thus, hearsay - Such hearsay evidence of PW2 relating to so called confession..........
Evidence Act, 1872, Section 30, Indian Penal Code, 1860, Section 302, 392 -- Confession of co-accused - Murder case - Accused cannot be convicted solely on the basis of extra-judicial confessional statements of co-accused, which were not corroborated by cogent and reliable evidence...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 392 -- Recovery of rope - Murder case - Accused cannot be convicted on the basis of recovery of rope which was used for committing the offence in the absence of any link of rope with crime, as it is a common material or thing which is available anywhere in market or at every household - Accused..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Vague and cryptic allegations with no specific allegation in respect of demand of dowry or harassment in any manner - Conviction not proper in absence of definite evidence - Conviction of appellant set aside...........
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..........
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 motive of team of accused in pursuit of..........
Indian Penal Code, 1860, Section 325, 323 -- Offence u/ss 325, 323 IPC - Quantum of sentence - Victim sustained grievous injury on a vital portion of body i.e the head, which was fractured - Doctor opined that injury was life threatening - High Court was too lenient in imposing sentence of six days only which was period already undergone by accused in confinement - Since..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Occurrence took place in the heat of moment and assault was made without premeditation at the spur of time - Genesis of occurrence was loud playing of a tape recorder in the house of deceased objected to by accused - Verbal argument ensued between parties and accused rushed across to his house came..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - Gunshot injury - Deceased suffered only one injury on interior aspect of thigh by A-1 - Entry wound was on back of left thigh of deceased - There is no blackening, charring on exit wound - If A-1 was having intention to commit murder of deceased and used fire arm for that purpose,..........
