Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Dying declaration - Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Deceased suffered 80 to 85% of burn injuries - Dying declaration set up by defence has to be rejected as it is suspicious and cannot be acted upon - It is recorded by I.O without any medical..........
Indian Penal Code, 1860, Section 304B -- Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Complainant and PWs have spoken about demand and harassment of deceased - PWs have also spoken about the demands which could not be fulfilled - Deceased spoke to her parents and had been conveying as to what she was undergoing - She was subjected to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Mere fact that a fatal accident took place would not by itself be enough to make the accused liable u/s 304-A IPC - Rash and negligent act should be direct or proximate cause of death in order to hold a person guilty u/s 304-A IPC...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Deceased sitting on tractor died due to overturning of tractor rashly and negligently driven by accused - However, there is no direct evidence on record to show the manner in which accident took place as regarding speed, rashness or negligence - All the PWs turned hostile and failed..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-disclosure of names of accused by injured eye witness and disclosure of names after 10 days from the date of occurrence created doubt in the prosecution case and therefore, same is rightly not relied upon...........
Indian Penal Code, 1860, Section 302 -- Murder - Evidence of injured eye witness not reliable - Evidence of finger prints experts not believable - Though human blood was detected upon weapons used in committing offence, but quantity was too little to carry out grouping with blood of deceased - Trial Court while acquitting accused properly appreciated evidence - High Court..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PWs stated that accused and deceased were together the previous morning of incident - However, evidence of witnesses leaves it in the realm of doubt that deceased may have parted company with accused or may have gone away with PW2 - If that be a possibility, last seen theory does..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory not proved on record - Motive of crime also not established - Conduct of accused in not going in hiding and being at home at night before recovery of body is also incompatible with his guilt, as normal behavior would have been to abscond - Only on the basis of identification of..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Non-examination of I.O - Material contradictions were found in the testimony of PWs regarding manner of occurrence or place of occurrence - Non-examination of I.O, in such situation assumes significance as it caused prejudice to defence - PWs stated that due to assault victim's hand was hanging from the skin -..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 118 -- Murder - Death by burning - Testimony of child witness aged 8 years - PW15, daughter of deceased was found competent to depose in Court - She categorically stated that her father had set her mother on fire - Statement of PW15 is natural and it cannot be said that she was tortured to make such a..........
