Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused were not found in village soon after the occurrence, which is a strong circumstance of their conduct post death - Bottle of acid was recovered on basis of disclosure made by accused `S' - Face of deceased was disfigured - Such disfigurement was caused by pouring of acid with intention to..........
Service -- Postal department - Pension - Qualifying service requirement - Services rendered by respondents as Gramin Dak Sevaks (GDS) or other extra departmental agents cannot be factored in for computing their qualifying service in regular posts under postal department on question of grant of pension, as per qualifying service requirement as per rules...........
Indian Penal Code, 1860, Section 364, 376, 302, 201, Evidence Act, 1872, Section 24 -- Kidnapping, rape and murder - Circumstantial evidence - Extra judicial confession - PW1 stated that accused confessed that he had committed a mistake of raping deceased and throwing dead body in well - He took accused to police station and produced him before Police Officer - No ground..........
Evidence Act, 1872, Section 25 -- Extra judicial confession - Not admissible being hit by S.5 of the Act, as same made before police...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Dead body of deceased found from well - Death resulting from asphyxia includes death due to hanging, strangulation, suffocation and drowning - Since drowning is stated to be after death and no contrary evidence suggesting any hypothesis is available, nature of death was homicidal - Eye witness PW3 turned hostile -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Extra-marital affair of wife - Exchange of emails between her and her paramour - Wife apologized to husband gave an assurance that she would repeat her mistakes in future - Plea of wife that husband fabricated emails - Hard to digest and deserves to be rejected outrightly - Wife is trying to..........
Criminal Procedure Code, 1973, Section 438 -- Pre Arrest Bail - Economic Offences - Power u/S.438 CrPC being an extra-ordinary remedy, has to be exercised sparingly; more so, in cases of economic offences - Economic offences stand as different class as they affect the economic fabric of society - Grant of bail, particularly in economic offences would definitely hamper the..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra judicial confession of accused not proved on record - As regarding recovery of scooty on the basis of disclosure statement of accused, same is also not proved - Even, there is no blood mark on scooty or any other evidence that it was used by accused in disposing of body - Prosecution failed to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused assaulted his wife/deceased under the pretext that she was afflicted by evil spirits - Assault was so brutal that deceased was killed on the spot - Accused as well as maternal family members of deceased are totally rustic, illiterate villagers and all of them misunderstood the symptoms of..........
Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Murder - Appeal against acquittal - Deceased and accused party were at daggers drawn and they had an enmity with each other - Extra judicial confession of co-accused against accused cannot be read against him, as being of very little evidentiary value - Though blood samples of accused were taken for DNA profiling but..........
