Will -- Registered Will - Plaintiff filed the suit for ownership and consequential possession on the basis of Will within a period of one year and two months from death of testator - There is thus, no delay in production of Will by plaintiff - Appellant failed to prove that registered Will executed by testator is forged and fabricated - Suit of plaintiff rightly decreed..........
Indian Penal Code, 1860, Section 302, 353, 448, 149 -- Murder - Appellant `R' assaulted deceased on the head with stone in presence of PW1, PW2 and PW5 and their evidence proved beyond doubt about act of appellant `R' - Although in postmortem report cause of death has not been specified with respect to a particular injury but on a plain reading of postmortem report it can..........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Expression "any instrument, which used as weapon of offence, is likely to cause death" should be construed with reference to nature of instrument and not manner of its use...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Stone as weapon of offence - Stone may qualify as dangerous weapon depending on its nature, size, sharpness or its potential to cause death of person...........
Indian Penal Code, 1860, Section 326, 323 -- Hurt and Grievous Hurt - Nature of offence - Trial court convicted accused u/s 326 IPC - However, prosecution failed to adduce any evidence to prove that MO1 stone either qualifies expression `an instrument of cutting' or expression `any instrument which, used as weapon of offence, is likely to cause death' found in S.326 -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - No medical evidence on record to prove with certainty that deceased died due to consumption of poison and failure of heart and lungs occasioned due to consumption of poison - It is not the case of prosecution that any demand for dowry or any valuable security or other property was made by accused in connection with..........
Indian Penal Code, 1860, Section 304B, 498A -- Offence u/Ss.304-B, 498-A IPC - Conviction - Appreciation of evidence - Bald allegation by de-facto complainant about demand of dowry and cruelty - Statement of de-facto complainant about giving jewelry not corroborated by any prosecution witnesses - Even, as per evidence on record, `soon before her death' deceased was at her..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Term `soon before her death' is an elastic expression and may refer to period either immediately before her death or within few days or even few weeks before it...........
Indian Penal Code, 1860, Section 304B -- Dowry death - There should be perceptible nexus between death of deceased and dowry related harassment or cruelty inflicted on her...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Order of setting aside decree of divorce - Death of husband - Second wife of deceased husband who allegedly got married after a decree of divorce was granted, is review applicant - Since contentious issues have been raised with regard to validity of marriage of second wife, issue relating to divorce..........
