Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - From perusal of testimonies of prosecution witnesses, it appears that aforesaid witnesses supported the case of demand of graft by accused - Even, acceptance of graft and recovery is consistent, unblemished and worth credence evidence - Prosecution proved its case beyond reasonable..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Appeal against conviction - As per evidence on record there is material contradictions in the evidence of witnesses and they do not seem to be reliable - Even, PW6 eye-witness gave contradictory version with regard to occurrence - Neither..........
Will -- Exclusion of natural heirs - Cannot itself be a ground to raise a doubt with regard to due execution of Will - In the instant case, there is no natural heir of testatrix - Appellants who come forward to claim property of testatrix by way of succession, failed to prove as to how they inherited property of testatrix - Will cannot be discarded on this ground...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered brutal homicidal death at matrimonial home within 10 days of being brought back on assurance that accused/husband would not subject her to further torture over demands of dowry - Accused was present with deceased at the time of occurrence and has failed to give any explanation as to..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Examination of evidence and materials on record shows that circumstantial evidence surrounding commission of offence clearly connects accused persons with offence - Even, evidence of child witness is corroborated on material particulars - Moreover, last seen..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Appeal against conviction - Murder - Admittedly, no valuable article or jewellery was missing from Well, where accused were staying with deceased - Even though human blood has been found but its blood group could not be determined - Witness of recovery memo not examined - Merely on evidence of last..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Abduction and rape - Sole testimony of prosecutrix - Prosecutrix in her statement recorded u/s 164 Cr.P.C. stated that she had gone of her own, but later she retracted from her statement for obvious reason that she succumbed to pressure of her parents -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into an agreement/MOU for dissolution of their marriage with consent - Pursuant thereto petition for divorce by mutual consent filed - After waiting period of six months wife did not appear - Petition dismissed - Appeal against - Divorce by mutual consent granted by holding that (a)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of seven packets of heroin - Small quantity - Seal of sample - I.O stated that seal which was used in sealing heroin on the spot was broken in Court and thereafter said material was sent to FSL under new seal along with sample - It is doubtful that, how FSL found packet containing contraband..........
Indian Penal Code, 1860, Section 302, 365, 452, 34 -- Murder - Custodial death - Nature of offence - Conviction u/ss 302, 365, 452, 34 IPC - Manner of inflicting injuries and their description in post-mortem report does not contradict each other - Even, medical record establish link between head injury and ultimate death of deceased - Moreover, PW-34 has identified the..........
