Will -- Suspicious circumstance - Testator was not keeping good health prior to his death i.e on 15.2.2002 - Whereas Will was executed on 11.2.2002 - Testator was hard of hearing and his eye sight was also weak - Will in question thus, cannot be said to be consciously executed document by testator with his sound disposing state of mind - Possibility of taking undue..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Informant stated that deceased was badly assaulted before she was killed - Post-mortem report completely belies such statement as no external injury was found on any exposed part of body of deceased - Though there is no explanation about the circumstance..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Wife of deceased, is the sole eye witness, however, some contradictions are found in her statement - Police authority recovered the lathi (weapon) used for causing death of deceased on the basis of disclosure information given by accused in the presence of two witnesses but the none of witnesses was present before..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Last seen evidence - Burden of proof - Allegation that deceased died due to strangulation by accused - However, accused reached home after the death of his wife/deceased - There is no evidence to prove theory of last seen together - Prosecution has not discharged the burden..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death by burning - Deceased died within seven years of her marriage inside matrimonial home - She was subjected to harassment and cruelty - Deceased suffered 100% burn injuries - No explanation given by accused for burning body of deceased for cremation in order to remove the evidence, which was already suffered..........
Agreement to sell -- Specific performance - Plea of joint ownership - Defendants admitted the execution of a contract of sale in written statement which is signed by defendant no.2 later on - No documentary evidence is produced on record to show that they are entitled to share in the suit property by succession - Merely stating that it is ancestral property of father is..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Indian Penal Code, 1860, Section 302 -- Murder - None of eye witnesses deposed anything relating to hurling of abuses by deceased, nor anything was deposed which could show deceased provoked appellant in any manner - Once it is clear that appellant and deceased did not even talk before the incident, then exception of S.300 IPC i.e sudden provocation is not applicable -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Mere death of deceased being unnatural in the matrimonial home within 7 years of marriage will not be sufficient to convict accused u/s 304-B IPC...........
