Election -- Appointment of Arbitrator to conduct elections - Holding of election is not in dispute - Even if holding of election is admitted, same cannot remain in operation for want of mandatory compliance for approval of governing body and in such eventuality fresh elections are to be held in accordance with law...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Acid attack - Injured sustained burn injuries on the face as per evidence of PW1 and PW2 coupled with medical evidence - Glass bottle filled with acid was used as weapon of offence and/or substance which is deleterious to human body - Ingredients of S.326 IPC are made out - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness of incident who filed complaint has not stated about involvement of accused in particular - Overt act against each person is not mentioned but same is improved in his evidence as PW1 - It is not clear as to who has beaten deceased with stick and on which part of body of deceased causing grievous hurt leading..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Neither any medical evidence nor scientific evidence was available to corroborate the case of victim - No visible marks of violence were present on external part of body of victim or on sexual organs - Moreso, no hue and cry raised by victim after accused left her house - Father of victim was neither cited nor examined as..........
Indian Penal Code, 1860, Section 304B, 120B -- Dowry death - Deceased committed suicide within seven years of her marriage - Room in which deceased died was locked from inside and door was forced open by villagers - Smell of kerosene oil was emanating from body of deceased - Possibility of an accidental death can safely be ruled out - Motor cycle was demanded by accused..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Reduction of sentence - Deceased committed suicide by hanging - There was no injury marks on the body of deceased - Sentence of life as awarded by trial Court is very harsh - Sentence reduced to period of 10 years u/s 304-B IPC and since sentence u/s 498-A IPC..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Medical evidence shows that deceased died of ante mortem burn injuries and contusions were also found on her dead body - Accused failed to prove that he was in field at the time of incident - Statement of accused that deceased caught fire accidentally while cooking food is not found reliable - Deceased and..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Nature of death of deceased was homicidal and cause of death was asphyxia due to strangulation - Deceased suffered injuries on her neck and ligature marks and other injuries were also found on her body on the date of incident - Sari used in strangulation also seized..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused in an open place - Merely because dead body of deceased was recovered from an open place, it cannot be held that dead body of deceased was recovered at the instance of accused...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
