Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Husband being unhappy with wife hatched conspiracy with his brother and father, eventually murdering deceased - Husband may not be having a cordial relation with deceased but that itself not sufficient to hold with certainty that killing her was only..........
Indian Penal Code, 1860, Section 120B, Evidence Act, 1872, Section 10 -- Criminal conspiracy - Circumstantial evidence - Husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Conspiracy is a matter of inference and inference must be based on solid evidence - Conviction of accused simply because of his..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Husband unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother of husband was last person to be seen alive with deceased - Being confronted with armed miscreants, accused..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
Indian Penal Code, 1860, Section 364A -- Offence u/s 364-A IPC - Appeal against acquittal - There is no independent evaluation of evidence or for that matter of submissions which were recorded by High Court - While deciding criminal appeal on merits, High Court was required to apply its minds to entirety of case including evidence on record before arriving at its..........
Indian Penal Code, 1860, Section 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual harassment - Victim on fateful day visited the house of her friend/PW5, where accused also entered and locked the room and sexually harassed her - In the meantime, when both victim and her friend cried out, accused fled away from the place - No..........
Indian Penal Code, 1860, Section 279, Consumer Protection Act, 1986, Section 12, Motor Vehicles Act, 1988, Section 185, 147, 203, 204, 205 -- Accident - Drunken driving - Liability of Insurance Company - Driver and co-passenger proved to be under influence of alcohol - Aggravates possibility of rash and negligent driving - Insurance company is entitled to invoke exclusion..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D(5), 17, 18, 21, Indian Penal Code, 1860, Section 120B, 414, 384, 386, 387, Arms Act, 1959, Section 25(1B)(a), 26, 35 -- Bail - Offence u/ss 17, 18, 21 of Unlawful Activities Act, Ss.120-B, 414, 384, 386, 387 IPC and Ss.25(1-B)(a), 26, 35 of Arms Act - Allegation that accused..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Prosecutrix is not consistent with her previous statement in the matter of manner of occurrence - Husband of prosecutrix who was attending trial, was not produced as a PW - Other witnesses cited in complaint petition were also not examined and witnesses examined did not fully corroborate statement of each other..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 32 -- Abetment of suicide - Dying declaration of deceased shows that deceased was hypersensitive in nature - Therefore, it would not be appropriate for Court to punish or convict accused for doing offence u/s 306 IPC...........
