Showing : 1-10 of 26 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2018
Details
Ranbir Penal Code, 1989, Section 302, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Appreciation of evidence - Delay of 4 days in lodging of FIR - There are contradictory statements regarding post-mortem report in statements of witnesses recorded u/s 161 Cr.P.C. - Even, duty personnels who were on duty at wireless headquarters have not been..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2017
Details
Ranbir Penal Code, 1989, Section 304A-- Medical negligence - Simple lack of care, error of judgment or accident - Cannot form a proof of negligence on part of medical professional...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Ranbir Penal Code, 1989, Section 304A-- Quashing of proceedings - Offence u/s 304A RPC - As per allegations, complications arose in health of deceased during post operative period which led to death of deceased - However, Committee of experts on two separate occasions opined that deceased was managed by accused as per prescribed..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2017
Details
Ranbir Penal Code, 1989, Section 279, 304A, 337-- Rash and negligent driving - Merely because accident has taken place negligence or rashness cannot be inferred...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2017
Details
Ranbir Penal Code, 1989, Section 279, 304A, 337-- Rash and negligent driving - Fatal accident - Appeal against acquittal - As per statement of PW, it is evident that death of deceased and injuries to injured were not immediate consequences of negligence of accused - Even, all PWs are of different opinion of incident - Prosecution failed to prove..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2017
Details
Ranbir Penal Code, 1989, Section 366, 375, 376-- Rape and abduction - No evidence on record that prosecutrix resisted during her rape - Even, police not seized any material supporting occurrence of rape from hotel room - Medical evidence proved prosecutrix to be more than 19 years of age and capable of understanding consequences of said act -..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439, Ranbir Penal Code, 1989, Section 376-- Bail - Rape - Subsequently nikahnama signed between parties and assurance given by petitioner to maintain and support prosecutrix/wife and child in her womb therefore, continued detention of petitioner would not subserve interest of justice - Bail granted...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Ranbir Penal Code, 1989, Section 45, 54, 55, 57, Jammu and Kashmir Criminal Procedure Code, 1989, Section 35(2), 401(1), 402, Prisons Act, 1894, Section 3(1), (5), Prisoners Act, 1900, Section 32, 51- - Release of prisoner - Imprisonment for life - Petitioner seeking his release from detention on ground that he has already completed 20 years and 11 days of sentence - Held, life imprisonment means imprisonment for life and it does not automatically come to an end without any order from competent..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 561A, Ranbir Penal Code, 1989, Section 415-..........
JAMMU & KASHMIR HIGH COURT
Year of decision: 2011
Details
Ranbir Penal Code, 1989, Section 302,300-- Culpable homicide - Degree of - Held, RPC (IPC as per Central Code) recognizes three degrees of culpable homicide - First degree of gravest form is defined as murder - Second may be termed as culpable homicide of second degree within the mischief of S.304, Part I, RPC - Culpable homicide of third..........

Showing : 1-10 of 26 Results