Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder of wife by husband - Motive - When the family of accused itself reported the matter to police regarding murder, it is not necessary for prosecution to have established any specific motive which led accused to commit murder of his wife .(Para 24)..........
Indian Penal Code, 1860, Section 87, Evidence Act, 1872, Section 105(III)(a) -- Unsoundness of mind - Burden of proof - Burden to prove that as a result of unsoundness of mind, accused was incapable of knowing consequences of his act is only defence as duly exemplified by S.105(III)(a) of the Act...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Complainant/son of accused had not chosen to explain circumstances under which he was compelled to lodge FIR against his own father for murder of his mother - It was for accused to explain the situation either by way of cross-examination or through his explanation furnished in the statement u/s 313 Cr.P.C..........
Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - For proving charge u/s 323 IPC in every case, existence of injury report or its proof by medical officer concerned is not necessary - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on the basis of oral testimony of witnesses...........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/s 323 IPC - Benefit of probation - Injury reports of injured witnesses are placed on record - But same was not proved during trial by medical evidence - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on..........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 12 -- Offence u/s 323 IPC - Removal of disqualification attaching to conviction - Offence u/s 323 IPC is not an offence of moral turpitude - Person released on probation of good conduct therefore, will not incur any disqualification due to conviction recorded by trial Court as provided u/s 12..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - No specific allegation in the non-cognizable report as well as in the statements of witnesses - General allegations were made against accused that they abused injured persons while assaulting them - In the absence of specific allegations and evidence, charge u/s 504 IPC not found to be proved - Accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
