Indian Penal Code, 1860, Section 376, 451 -- Rape - Husband of prosecutrix denied the rape of his wife by accused and he stated that there was no commotion or shout of protest which he could hear in the house when he came back, on the date of alleged incident in question - Charges against accused not proved - Benefit of doubt thus, given to accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - When disposal of appeal is likely to take time, accused may be ordered to be released on bail - There are compelling reasons for suspension of execution of sentence during pendency of appeal - There does not appear any other adverse reason to deny relief to accused..........
Indian Penal Code, 1860, Section 302, 120B, 201 -- Murder - Capital punishment - Challenge on ground of denial of fair trial - Accused persons allegedly poured kerosene and burnt deceased thereby committing gruesome act of murder - Accused did not get proper opportunity to respond to all incriminating evidence available against him in proper manner, resulting into..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Merely because defence did not question police witness on the issue whether FIR was ante-timed or not, it would not absolve prosecution of responsibility to prove its case beyond reasonable doubt...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury inflicted by accused was simple or minor will not itself rule out application of S.307 IPC - Determinative question is intention or knowledge as the case may be and not nature of injuries...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of law - Inadequacy of evidence or different reading of evidence is not a perversity nor any wrong findings of fact by itself constitutes a question of law...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Held, though the FIR may be a bit delayed it does not, by itself, give rise to an adverse inference against the truth of the prosecution case - The oral deposition in respect of use of torch is not liable to be discarded merely because the I.O. did not question the witnesses with respect to the source of light -..........
Hindu Adoptions and Maintenance Act, 1956, Section 8 -- Adoption by widow - Plaintiff has adopted son in the year 1973 by adoption deed - Husband of plaintiff was not alive at the time of adoption - Question of consent of husband does not arise...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit - Proposed defendant was not a party to transaction in question between plaintiff and defendant - No privity of contract between plaintiff and proposed defendant - Proposed defendant cannot be construed to be a necessary party...........
Indian Penal Code, 1860, Section 498A, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - General and omnibus allegations made against petitioners - FIR in question is lodged only to wreck vengeance so also with a revengeful intent in order to pressurize and harass petitioners - Complainant has left her matrimonial home voluntarily without..........
