Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Appreciation of evidence - Plea that there were four dying declarations two oral and two written and none should be believed as deceased was suffering from 95% burns repelled - First declaration made by deceased voluntarily to JMIC in the presence of doctor when she was in fit state of mind - She involved..........
Indian Penal Code, 1860, Section 84, 436 -- Criminal Procedure Code, 1973, Section 357 - Appellant-accused convicted under Section 436 IPC for setting restaurant of complainant on fire - Plea of unsoundness of mind for falling his case u/S.84 IPC and extending benefit of general exception not made out - Discrepancies and contradictions pointed out minor in nature not going..........
Indian Penal Code, 1860, Section 201 -- Ingredients of Section 201 of IPC are : (1) that an offence has been committed; (2) that the accused knew or had reason to believe the commission of such offence; (3) that with such knowledge or belief he - (a) caused any evidence of the commission of that offence to disappear, or (b) gave any information respecting that offence..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Comparative Powers of Executing Court - Sec. 47 give full jurisdiction and powers to Executing Court to decide all questions relating to execution, discharge and satisfaction of decree - O 21 R 2 places restraint on exercise of powers u/s 47 by providing that Executing Court shall not recognise or look into any..........
Indian Penal Code, 1860, Section 302, 34 -- Dowry death - Deceased put on fire - Relatives of husband - Married and living separately - Held, prosecution has indulged in false implication of relatives - Acquitted...........
Indian Penal Code, 1860, Section 193 -- Statement of two witnesses recorded u/s 164 Cr.P.C. and lateron examined in Court - Witnesses subjected to lengthy cross examination but nothing could be elicited to discredit their statement-in-chief - Four years thereafter witnesses filed an affidavit giving different version and resiling from their previous statement on ground of..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Testimony of prosecutrix - Allegation of rape by two persons at 8 P.M. in a house, on a married woman aged 20, where there are stated to be so many inmates including four females and children - Not an iota of medical evidence or any other circumstantial evidence to support the case of the prosecution - Prosecutrixs'..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Deceased in dying declaration stating that accused were armed with Saria, knife and Farsa with which they inflicted injuries on him - Mention about other injuries but injury Nos.7 and 8 which are head injuries in the post-mortem report not mentioned by deceased - The medical evidence does not..........
Consumer Protection Act, 1986, Section 2(1)(r), Cigarettes (Regulations of Production, Supply and Distribution) Act, 1975, Section 4, 5 -- Cigarette advertisement - Unfair trade practice - Statutory warning though shown in the advertisement yet it leaves an impression that notwithstanding specified warning, if smoking Cigarette has made film Actor so healthy smart and a..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - To make it a case of rape and murder accused after throwing dead body in jungle, disfigured face and slit neck with knife and took away clothes - False explanation of deceased given by accused - Accused not discharging burden to prove facts within his special knowledge - Conclusion that accused killed his wife is..........
