Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Deceased died due to stab wound caused on his back side with intention of causing death - Medical & ocular evidence shows that knife was actually used to cause serious injuries to deceased - Recovery of live bullets and one spent cartridge corroborates that fire-arm was also used -..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Death by poising - Suicide note - Deceased stated in her suicide note that she is taking step of "suicide" because her mental condition is not good and that nobody should be held responsible for her act - However, suicide note was not discovered during investigation but..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Soon before her death - Prosecution proved that `soon before her death' deceased was subjected to cruelty and harassment by her husband and her i, laws in connection with demand of dowry - Appellants were not successful in rebutting the presumption raised u/s..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Reduction of sentence - Appellant `R' is in custody for more than five years and appellant Nos.1, 2 were also in custody for more than one to two years - Appellants Nos.1, 2 are aged and suffering from various ailments - Keeping in view age and ailments of appellants and..........
Supreme Court Rules, 1966, Rule 4 -- Curative petition - Death warrant - Whether death warrant could be stayed on the ground that curative petition was not decided as per mandatory requirement of Rules and curative petition be decided afresh - Matter referred to larger bench...........
Indian Penal Code, 1860, Section 304B, 498A, 120B, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 464, 216 -- Offence u/ss 304-B, 498-A, 120-B IPC and S.4 DP Act - Non-framing of charge u/s 302 IPC - Prima facie facts discloses commission of homicidal death along with other offences - In absence of charge u/s 302 IPC, accused is likely to be..........
Protection of Human Rights Act, 1993, Section 1 -- Human Rights - Violation of - Directions issued viz. (i) Defaulting states shall within a period of six months from the date of this order set up State Human Rights Commissions for their respective territories with or without resort to provisions of S.21(6) of Protection of Human Rights Act; (ii) All vacancies, for the..........
Indian Penal Code, 1860, Section 302, 201 -- Suicide or death by hanging : (i) Accused had illicit relations with another woman (co-accused) and they strangulated the deceased - Deceased had ligature marks around her neck - Defence version that deceased committed suicide by hanging - Defence version not believed because as per Modi's Medical Jurisprudence there should have..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 5 -- Death of plaintiff - Substitution of L.R's - Enquiry for determination of L.R's - Appellant claiming L.R. of deceased plaintiff - Defendant denied the same - In such case, Court has to determine the status of L.R of deceased party to suit by holding enquiry - Rejection of application and dismissal of suit as..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Reduction of sentence - Incident took place on the spur of moment, without any pre mediation in a sudden fight - There was no intention or knowledge that such blow would result into death of deceased - Weapon used for committing the offence was not a deadly weapon - No other..........
