Indian Penal Code, 1860, Section 302, 34 -- Murder of 90 years old person - Sole eye witness - Deceased was repeatedly crushed under wheels of tractor while he had gone to ease himself along with PW1 - At the spot, a lathi, a lota and chappal were found which lends support to prosecution case - FIR lodged promptly - PW1 is completely trustworthy and natural witness whose..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - No overt act except exhortation so as to indicate pre-meeting of minds between accused persons for committing offence - Even statement of injured witness as well as other witnesses do not establish incriminating facts to prove existence of a premeditated meeting of minds for formation of common..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - (1) Fight on spur of moment; (2) Neither there was any motive nor any intention to eliminate deceased; (3) No enmity of any kind with deceased; (4) Accused had gone to take possession of cattle shed and not with an intention to kill any one; (5) inspite of accused armed with weapons, none of them..........
Civil Procedure Code, 1908, Order 39, Rule 11 -- Access to child granted to husband - Breach of order by wife - No specific finding is recorded by Court below while striking off the defence of wife that there was breach of any particular order passed earlier in relation to grant of access, nor any specific finding of willful and deliberate disobedience of orders of Family..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - General allegation of demand of additional dowry against i, laws - No overt act or specific role assigned to father-i, law and mother-i, law - Acquittal of father-i, law and mother-i, law calls for no interference...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Implies an overt act which is directly suffered by person in actual possession and only indirectly or consequentially suffered by any person in possession of property through another...........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - A4 gave gandasi blow on the left arm of deceased and A8 gave a blow with his sword on right leg of deceased - Medical evidence shows that death of deceased caused by sharp edged weapon and cannot be caused by any blunt weapon - Overt act of A4 & A8 do not find corroboration with medical evidence - High Court..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, 449, 323, 216, Arms Act, 1959, Section 25 -- Murder - Case based on ocular testimony of two injured witnesses - Eye witnesses testified that `Satish' gave a gandasa blow on the neck of deceased and thereafter `Satbir' gave a gandasa blow on the neck of deceased - Doctor opined that only a single injury on neck of..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Conviction - Validity - Appellants alleged to have attacked deceased and caused his death in furtherance of their common object - Eye-witness in his testimony not stated about presence of appellants at place of occurrence and did not attribute any role to them in occurrence - Names of appellants..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No overt act by accused which provoked deceased to commit suicide - No circumstance from which an inference can be drawn for the same - No material regarding accused being engaged in any conspiracy with anyone for doing of anything relating to commission of suicide by deceased - No evidence that accused by his..........
