Showing : 321-330 of 1089 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration to the effect that plaintiff is Donor trustee - Plaintiff became donor trustee after death of her husband, as nominated by him - Said nomination in favour of plaintiff vide resolution 1994 was approved by State Government - Concurrent findings of Courts below cannot be found..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Prosecution alleged that 13 persons including A-2 formed unlawful assembly and came to the place of incident with common intention to kill deceased - However, since no allegation of any fatal injury attributed to A-2, he cannot be convicted with the aid of S.34 IPC -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Attribution against A-2 is that he has only given a stick blow on the body of deceased without specifying to which part thereof - Deceased died due to head injury - It is not stated by PWs that A-2 gave a blow on head of deceased - PW6 found three injuries on body of deceased, which were..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25-- Murder - Death by fire shot - Distance of fire - Where death is due to injuries or wounds caused by a lethal weapon, it is always duty of prosecution to prove by expert evidence that it was likely or at least possible for injuries to have been caused with weapon with which and in manner in which..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25-- Dying declaration - Murder - Death by fire shot - Deceased was unconscious when he was brought to hospital - Dying declaration recorded on the same day - It is very hard to believe that deceased was unconscious in the noon, regained consciousness in front of SDM that too in the absence of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25-- Murder - Death by fire shot - Distance of fire - There is variance in the statement of PW8 and PW6 with regard to distance between deceased and accused - Contradiction in the distance of fire is thus, material and it would not be appropriate to convict accused by ignoring such an important aspect..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25-- Murder - Death by fire shot - Recovery of fire arm - No material on record to connect that gunshot injury suffered by deceased was due to shot fired from firearm of accused - Though bullet was recovered but same was not connected with weapon - Motive of offence not proved - Manner and genesis of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 177, 178-- Offence u/ss 304-B, 498-A, 34 IPC - Territorial jurisdiction - Suicide was committed at place `A' - Police at place `A' closed the case after inquiry u/s 174 Cr.P.C., as none of family members of deceased raised any suspicion over death of deceased - There is no evidence of it being a continuing..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 154-- Offence u/ss 304-B, 498-A, 34 IPC - Delay of 5 years in lodging FIR - Case under alleged offence closed after inquiry u/s 174 Cr.P.C. - FIR lodged after five years of closing of said case on the basis of letters received by brother of deceased - Neither at the time of death of deceased nor before..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 24-- Murder of husband by wife - Extra-judicial confession made to police - Is admissible with respect to various recoveries, which are not proved to be connected with offence...........

Showing : 321-330 of 1089 Results