Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Evidence of eye-witnesses inconsistent with medical evidence - Therefore, it is difficult to accept evidence on record to maintain conviction of accused based upon inconsistent and improved statements of the eyewitnesses - Conviction set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 109, 120B, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Circumstantial evidence - Accused persons committing murder of deceased out of jealousy and revenge due to alleged love triangle between accused, deceased and wife of deceased before their marriage - If evidence of eye witnesses is acceptable wholly, then..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d) -- House Repair Parole - Petitioner convicted and sentenced to undergo R.I. for 10 years u/ss 376, 377 and 526 IPC - Petitioner applied for house repair parole - Commissioner declined the same - House in a good condition - House of the victim party was in neighbour of the petitioner's house - Due..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d) -- Petitioner convicted u/s 302, 307, 323 r/w Ss.148 and 149 IPC and sentenced for life imprisonment - Release on parole sought on ground of repair of house - Prayer rejected on the ground that petitioner already availed 6 weeks agricultural parole - 6 months expired since he returned from..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c) -- Agricultural Parole - Conviction u/s 302 IPC - Application for agriculture parole rejected by Divisional Commissioner on the ground that there is enmity in the family of convict and he may commit any crime in the village after coming on parole - Petitioner is neither a habitual offender nor a..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 300 -- Ocular and medical evidence - According to ocular testimony at the time of firing the shot, the accused and the deceased were not standing on the same level - According to medical evidence shot had hit the head of the humerus that got punctured and the signs of the wound were by doctor towards inside..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder case - Prosecution case resting on circumstantial evidence - Accused person husband and his mother and sisters - Relations between accused and deceased wife strained - Conviction upheld on the basis of following circumstances : (1) Independent witnesses stated that due to inability of the..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Juvenile - Offence u/s 376 IPC and S.3(2)(v) of SCST Act - Bail application rejected - Nothing on record to show that accused after release on bail may involve..........
Dowry Prohibition Act, 1961, Section 3, 7(3) -- Admission of giving dowry at the time of marriage in a complaint u/ss 498-A, 406 IPC - Wife cannot be prosecuted u/s 3 of Dowry Prohibition Act, for giving dowry, on the basis of such admission as protection u/s 7(3) of Dowry Prohibition Act is available - Proceedings against wife quashed...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d) -- Accused convicted u/ss 392 and 397 IPC read with S.25 of Arms Act - Accused sought parole on the ground that wife is pregnant and her delivery date is very near - Accused already availed parole twice in the same year - He returned from parole one month ago knowing fully well the pregnancy of..........
