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KERALA HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 378 -- Theft - Possession - Meaning of - Held, 'possession' is a polymorphous term which may have different meanings in different contexts - 'Possession' implies physical capacity to deal with thing as possessor likes to exclusion of every one and a determination to exercise that physical power on his own behalf - In some context,..........

KERALA HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 378 -- Theft - Nature of 'possession' referred in S.378 of IPC - Held, S.378 of IPC defines 'theft' as dishonest removal of movable property out of possession of any person without consent of that person - Standing timber being embedded in earth is immovable property - Moment it is severed from earth it becomes capable of being object of..........

DELHI HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Necessary ingredients - Held, for application of S.304-B death of woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances - Such death occurs within seven years of her marriage - Soon before her death she was subjected to cruelty or harassment by her husband or any..........

DELHI HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Appreciation of evidence - Appellant alleged to have committed murder of his wife - Convicted u/ss 498-A, 304-B IPC - Challenge thereto - As per post mortem report deceased died due to strangulation - Recovery of one pair of scissors from appellant's almirah and a piece of chunni from drain of ground floor of..........

DELHI HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 302,304 -- Part I -- Murder - Culpable homicide not amounting to murder - Proof - No previous enmity between appellant and deceased - Incident took place without premeditation - Time gap between heated exchange of words and second incident of stabbing is only of 2-3 minutes - Held, clearly indicates that it was a sudden fight and there was..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 376 2)(g), 368 -- Gang rape - Accused took prosecutrix on cycle at knife point to the house of co-accused and committed rape on her on cot and space provided to the accused by co-accused - Held, mere providing space and cot and helping accused in wrongfully detaining prosecutrix will not warrant inference of common intention or meeting of..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased all alone and unarmed, went to the house of accused `M' to demand his money back - Outside the house, two other accused `D' and `N' get together - Accuse `M' caught hold deceased from his arms - Accused `D' gave repeated stab blows on vital parts of body puncturing heart and lungs - Accused..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 34 -- Common intention - Three ingredients are : (a) Criminal act is done by several persons; (b) such act is done in furtherance of the common intention of all; and (c) Each of such persons is liable for that Act in the same manner as if it were done by him alone - Some individual participation in the commission of criminal act is the..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 149 -- Common object - S.149 IPC is in two parts - First part deals with commission of an offence by any member of an unlawful assembly in prosecution of the common object of that assembly and second part deals with commission of an offence by any member of an unlawful assembly in a situation where other members of that assembly know the..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 354(3), Indian Penal Code, 1860, Section 302 -- Triple murder - Accused committing murder of his father, step-mother and step sister for greed of property - Accused was living jointly with deceased - Facts show deep set rancor between accused and deceased over division of property - Though manner in which crime was committed is..........

Showing : 7951-7960 of 15543 Results