Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - PW18, one of victim of mishap stated that accused/bus driver drove the bus speedily despite knowing the bus was overloaded with passengers, resulting in its turning over - Victim denied the defence version that accident occurred due to sudden coming over of a stray animal on the road - Police..........
Indian Penal Code, 1860, Section 376 -- Rape - Incident occurred at a place which was being used to keep animal dung - However, no evidence led by prosecution to show that victim's clothes were stained with animal dung - PW1 and PW5 stated that victim had screamed during rape - But, in a colony where 100-200 people stayed and houses built close by, it is not possible that..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driving vehicle speedily and resulting in death of three persons and injuries to witnesses - Though accused raised multiple defences and all the witnesses denied the fact that accident occurred due to some mechanical defect in vehicle or due to sudden bursting of a tyre or coming up..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Testimony of witnesses - Recovery weapon - Last seen evidence and extra-judicial confession made by respondent-accused before PW-16, is found unworthy of reliance - Further, murder weapon axe, was recovered at the instance of accused from an abandoned open room in a field which had easy access..........
Negligence -- Death of buffalo due to electrocution - Compensation - As per material on record it proved that animal died unnatural death due to apparent breach of obligation on part of respondents - On account of death of buffalo, petitioner suffered loss for which he is required to be compensated - Petitioner compensated with Rs.50,000/- alongwith interest @ 6% p.a...........
Indian Penal Code, 1860, Section 302, 148, 149, 201, Evidence Act, 1872, Section 27 -- Double murder - Disclosure statement - Recovery of ashes and bones - Merely because no expert opinion obtained to prove as to whether bones recovered were human or animal bones, would not weaken the prosecution case in the light of overwhelming evidence available on record to prove the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Contraband - Direction as to registration of cases against owners, occupiers, control of houses where contraband is recovered - Police throughout the State of H.P directed to register the cases against owners or occupiers or having control or use of any house, room, enclosure, space, place, animal or..........
Punjab Municipal Act, 1911, Section 323(4) -- Death caused by stray animal - Wife of deceased files writ petition seeking compensation - Admittedly, death caused by stray animal, as many as 16 injuries caused - Claim of petitioner earlier rejected by deputy commissioner claiming no provision/ policy to grant compensation in such accidental cases - Held, death triggered by..........
Animal sacrifice to appease God,Deity -- Sacrifice causes immense pain and suffering to the innocent animals - Innocent animals cannot be permitted to be sacrificed to appease the God/deity in a barbaric manner - Practice of animal sacrifice is a social evil and is required to be curbed - Animal sacrifice banned in Himachal Pradesh - Directions issued...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of alleged instrument of murder from an open field which is not in exclusive possession of accused - Chemical examiner's report silent about whether blood on instrument of murder was human blood or animal blood - Testimony of witness of last seen not properly assessed by trial Court and..........
