Indian Penal Code, 1860, Section 498A, 304B, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - 100% burn injuries - Plea that police authorities had torn original statement of PW1 recorded u/s 161 Cr.P.C. and prepared the second one with view to file a false case against accused - Plea held, not tenable on the following grounds:- (i) accused did..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - 100% burn injuries - Plea that no reliance should be placed on evidence of PW1 because her relations with daughter were strained due to which both used to live separately before marriage - Plea held, not tenable as there is no evidence to prove this..........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - 100% burn injuries - Merely because deceased used to live separately from her mother before her marriage could not be made a ground to reject the testimony of mother - Conviction upheld...........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - 100% burn injuries - Mother-in-law and sister-in-law sent up for trial - High Court convicted the mother-in-law and acquitted the sister-in-law - Plea of appellant/mother-in-law that since benefit of doubt was given to other accused/sister-in-law by High Court, on parity the same benefit should be extended to..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Evidence Act, 1872, Section 113A -- Dowry death - Presumption - 100% burn injuries - Deceased died within one year of her marriage - Basic ingredients of S.113-A Evidence Act r/w Ss.304-B, 498-A IPC stood against accused persons for their prosecution for offences punishable u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Reduction of sentence - Dowry death - 100% burn injuries - Courts below awarded S.I. 7 years to appellant - Appellant should feel fortune to suffer only 7 years because having regard to the nature of commission of offence and her complicity in the offence, it could have been even more than what has been awarded -..........
Criminal trial -- Death sentence - Life imprisonment is a rule and death sentence is an exception - Aggravating circumstances have to exist which would establish the depravity of mind of accused, which would shock the conscious of society, which would warrant the imposition of extreme penalty of death and convince the Court that accused is beyond redemption and reform...........
Indian Penal Code, 1860, Section 302, 307, 323 -- Murder - Death sentence - Death of six persons by hitting with bus and eleven persons injured - Altercation between accused and passengers about fare - Not only there were heated exchanges between accused and passengers but driver was slapped by a passenger - Incident occurred in the spur of movement without any..........
Indian Penal Code, 1860, Section 302, 307, 323 -- Murder - Death of six persons by hitting with the bus and eleven persons injured - Presence of accused `N' in the bus or at the spot unclear - No test identification parade of accused `N' conducted - No evidence to show that accused `N' shared common intention with other accused for committing alleged crime - Accused `N'..........
Allotment of Booths -- On compassionate ground after death of licensee by legal heirs - Allotment of shops in compound were made more than a decade earlier - Shops were required to be auctioned after every two years - Period of licence could be extended only with prior approval of Financial Commissioner and that too for a period not exceeding one year - Action of..........
