Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Multiple dying declarations - Murder - Allegation against husband and sister-in-law - Deceased initially named her husband alone as person who set her on fire - There is no reference to sister-in-law in this statement or any demand for dowry - Subsequently, deceased stated that she had been..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix stated that she was raped by accused on rough surface - However, said fact is belied by Doctor who examined her, as she did not notice even a single abrasion on person of prosecutrix - Claim of prosecutrix that her bangles were broken at the scene of offence not supported by spot..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Suspension of sentence during pendency of appeal filed against conviction - Offence u/s 21(c) of NDPS Act - Petitioner sought suspension of sentence on medical condition - Doctor who examined petitioner in jail suggested that petitioner needs a better..........
Special Marriage Act, 1954, Section 15 -- Registration of Marriage through video conferencing at the first motion - Wife is working in USA and husband is in London - Husband sought his wife should be allowed to appear through video conference, who is working as a Doctor in USA - Parties solemnized marriage in India according to Hindu rites and ceremonies - Presence of wife..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Medical evidence - Doctor who conducted post mortem could not give a definite opinion with regard to cause of death - He had taken the viscera and sent it to analysis to FSL - However, subsequently doctor claimed that cause of death was injuries to brain and deceased had died in coma - Medical evidence is thus, on..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused inflicted seven injuries on deceased and PW3 who was sleeping in the same room had not heard any noise of deceased - Prosecution theory and evidence of wife of deceased/PW3 do not inspire confidence - Testimony of doctor that he cannot say weapon shown to him in Court was the same with which..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a) -- Murder - Fire arm injury - Deceased died due to firearm injuries - Post mortem report and doctor stated that injuries were caused over body of deceased with firearm and bullet was found embedded in the body - Recovery of weapon at the instance of accused from his bua's house proved on record -..........
Indian Penal Code, 1860, Section 302 -- Murder - Cause of death - Doctor who conducted post mortem concluded that it was a case of hanging - Admittedly, there are no marks on body which suggest violence or struggle - Medical expert himself has not ruled out possibility of suicidal death - Trial Court and High Court erred in holding that prosecution has proved death of..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased in injured condition made statement before police and filed FIR - Doctor stated that when he examined deceased blood pressure could not be detected - However, that by itself does not mean that deceased was not in a physical condition to make any reporting to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty upon husband - Wife being a doctor serving in hospital, was required to stay beyond duty hours for attending emergency cases - This does not make out cruelty on part of wife towards husband, as contended by him...........
