PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304B, 302-- Dowry death - Deceased died within 7 years of her marriage by hanging - Evidence of family members of deceased does not prove that any demand of dowry was made by husband/accused soon before death of deceased - Even at the time of marriage of deceased, dowry articles were given at the wish of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 341, 143, 147, 148, 149, 109, 120B-- Murder - Appeal against acquittal - Acquittal upheld viz. (i) Material alterations in testimonies of eye witnesses; (ii) attesting witnesses to the recovery of articles, like weapons, clothes, etc. turned hostile; (iii) Recovery of mobile phone is relied in evidence, however, no evidence was..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 120B, 34, Evidence Act, 1872, Section 9-- Murder - Test Identification parade (TIP) - First TIP conducted after about 1-1/2 months of incident - Second TIP was conducted after more than a year of incident - It is doubtful whether eye-witnesses could have remembered the faces of accused after such a long period - Though incident took place..........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 304(Part I)-- Nature of offence - Accused chased the deceased and informant and to show his supremacy and power, opened fire causing gun shot chest injury to deceased resulting in his death - Intention could be gathered from the weapon used and part of body aimed for causing injury - Occurrence did not take..........
KERALA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder of child by her step mother - Death caused due to poison - Bottle of poison recovered on a disclosure statement of accused that too from concealed place - Only inference can be drawn that a person who concealed the poison and administered the same in food given to child, is none other than..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7, 7A, Indian Penal Code, 1860, Section 302, 201, 498A-- Plea of juvenility - Offence u/ss 302, 201, 498-A IPC - Determination of age of juvenile - Age of person as mentioned in ration card has no legal sanctity, thus it cannot prevail over entry made in School register regarding age of person - Since petitioner was below 18 years of age at the time of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 323, 34-- Murder - Dying declaration - Evidence of PW7, who recorded the statement of deceased is trustworthy and accepted by Courts below, as deceased was found to be mentally fit to give his statement regarding occurrence - Dying declaration, held, reliable - Conviction of accused is not only based on..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Last seen theory - Foundation of last seen theory is based on principles of probability and cause and connection - Where a fact has occurred with a series of acts, preceding or accompanying it, it can safely be presumed that fact was possible as a direct cause of..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Last seen theory - Deceased allegedly left the company of accused and co-accused at night - Body of deceased was found next morning - Prosecution failed to adduce any evidence with regard to distance between place of occurrence and residence of deceased where he..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder - Circumstantial evidence - Evidence of recoveries is doubtful and hence not proved - Motive of crime also not proved, as it would not be safe to act upon belated and solitary assertion of PW3 to hold that motive behind commission of offence stands established - As regrading last seen..........