Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Accused tried to hide the evidence i.e. iron rod with which he assaulted his wife - Accused locked the door from outside when he went to meet his sister - Even after he brought his sister back to his home, he sent both his children to his sister's house and then he took his wife to hospital - Whole chain of..........
Indian Penal Code, 1860, Section 376(2) -- Rape of 3-1/2 years old minor girl - Testimonies of two seven years old boys/eye witnesses coupled with confessional statement of accused clearly made out that accused had committed rape on prosecutrix - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376(2) -- Rape of 3-1/2 years old minor girl - Reduction of sentence - Accused was 27 years old at the time of sentence being passed and not involved in any other case - It was a matter of moment when accused may have been overcome with lust, but accused may not have been cruel in dealing with prosecutrix and may have realised his mistake..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained knife - Knife was recovered from possession of accused pursuant to memorandum statement of accused and in FSL report, blood was found on knife - Merely because blood group could not be ascertained, FSL report cannot be ignored - Recovery is proved...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Merely on basis of some infirmity in dying declaration that it does not contain signature of declarant and it was not recorded by doctor or Magistrate, it cannot be solely discarded particularly when date and time has duly been recorded in dying declaration and one of..........
Indian Penal Code, 1860, Section 498A, 323, 506, 406, 342, 313, 351, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Wife alleged various kinds of cruelties which had led her to various illnesses - She also alleged that there was a miscarriage which had resulted because of fact that husband had pushed her - Wife was being deprived of her financial..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Conviction based basically on the testimony of P.W.6 - Evidence of witnesses amply clear that P.W.6 could not have witnessed the incident - Medical evidence cannot be used to corroborate that P.W.6 had witnessed the incident - Only because motive is established, conviction cannot be sustained - Accused acquitted...........
Criminal Procedure Code, 1973, Section 228(1)(a) -- Offence u/ss 323, 325, 308 IPC - Plea for committal of case to Court of Magistrate on the ground that offence u/s 308 IPC is not made out - Whether offence u/s 308 IPC is committed or not and whether offence falls under first part or second part of S.308 IPC are matters to be decided during trial - At this stage it can..........
