Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Testimony of PW1 and PW2 - PW1 and PW2 are the real brother of deceased and first informant and sister in-law of deceased - There are material contradictions in their testimonies and therefore, they too cannot be said to be reliable witnesses as held by trial Court - Motive suggested for commission of crime also do..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Death by burning - Victim died in a tragic manner - Merely because it has been shown that there were serious matrimonial disputes between deceased and accused, it cannot be said that it was accused who had set fire to his wife - Presence of accused at occurrence spot at the relevant time is highly..........
Criminal Procedure Code, 1973, Section 256, 302 -- Death of complainant - Substitution of legal heirs - Legal heirs of complainant proceed with the case through their power of attorney - However, one legal heir died during pendency of application filed by power of attorney and without taking any proper steps, petitioners wanted to continue the said proceeding on the basis..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu Male dying intestate - Suit property would devolve upon legal representatives of Hindu Male as per S.8 of the Act - A widow falls in the category of Class I heirs as per Schedule and would be entitled to share of her husband - Case set up by defendant that widow had remarried after death of her husband, rejected,..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to wife - During the lifetime of husband no other family member is liable to maintain his wife u/s 125 Cr.PC or under Hindu Law - However, after death of son, widow daughter-in-law is entitled to get maintenance from his father-in-law u/s 19 of Hindu Adoptions..........
Indian Penal Code, 1860, Section 300Exception, 1, Evidence Act, 1872, Section 105 -- Provocation - Burden of proof - Where prosecution prima facie proves that act was committed by accused which had resulted in death of deceased and accused pleads that case falls within one of exceptions of S.300 IPC, it is for him to prove that...........
Hindu Succession Act, 1956, Section 8 -- Property of a Hindu male dying intestate - Property after the death of Hindu male shall devolve upon his Class 1 heirs i.e mother and wife - No evidence on record that wife committed murder of husband/Hindu Male - It cannot be said that wife is seized to be Class I heir of her husband - Mother and wife of deceased rightly held, as..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Partition suit -- Both plaintiff and defendant Nos.1 to 7 have succeeded to the house in dispute after the death of `R' being his heirs - There is no Will or transfer deed or gift deed or relinquishment deed or any other such document in favour of defendant No.8 - Payment of utility bills would not confer her title of property - Without there being any document of title..........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution - Death of complainant - Petitioner wanted to come into picture on the basis of a Will executed by complainant - Unless and until, petitioner succeeded in establishing the said Will, he has no locus standi to come on record and prosecute the complaint - Complainant filed the complaint through..........
