Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death within 10 months of marriage - Death under abnormal circumstances - Medical opinion of death from asphyxia and body being burnt after death - Dead body not found in kitchen but in room bolted from inside - Piece of electric wire found near body - Room broken open by PW 13 when no one was in house - Not..........
Indian Penal Code, 1860, Section 302, 120B, 302, 34 -- Deceased returning on a cycle with PW-15 - Bus driven by appellant rashly and ran over deceased - Other two appellants were in the bus and they conspired to kill deceased because of property dispute - PW 13 was 13 years of age, a student and was examined after 7 years of incident - While assessing evidence one has to..........
Indian Penal Code, 1860, Section 302, 324 -- Acquittal by trial Court - Conviction by High Court - Trial Court rejected evidence of PWs 1, 3 and 7 for valid reasons - Evidence of PW1 was contrary to medical evidence and High Court wrongly came to conclusion that medical evidence supported oral evidence of PW 1 - PW 1 was injured witness and he admitted that due to poor eye..........
Indian Penal Code, 1860, Section 302, 34 -- Appreciation of evidence - Prosecution alleged that there was a conspiracy between the accused amongst themselves to commit the crime - Conspiracy not mentioned in FIR - Not based on his personal knowledge - Fact that two witnesses remained admitted in hospital for a number of days not mentioned - DW received injury in the same..........
Criminal trial -- Site plan - Merely because name of PW-2 did not appear at the site plan that does not render his presence at the place of occurrence improbable...........
Indian Penal Code, 1860, Section 300 -- Exception I - Accused fired a gun shot which hit one PW and second shot hit the deceased who collapsed - Accused was Personal Security Officer and he did not tell his master that gun went off accidentally - Held, that accused was the assailant and section 300 Exception I is not applicable...........
Indian Penal Code, 1860, Section 147, 148, 302, 307, 149 -- Conviction by trial Court - High Court maintained conviction of one accused and that too u/s 326 IPC - Accused armed with deadly weapons sword, axe and lathis with an object to kill PW-1 chased deceased who tried to escape from house of PW-1 and assaulted him and committed his murder - PW-1 was then assaulted and..........
Indian Penal Code, 1860, Section 302 -- Death by pressing neck of 19 years boy - PW 1 sister of deceased and PW2 claimed to be eye witnesses - Conviction affirmed in appeal by High Court - Dead body of deceased lying in house of appellant - It is a strong circumstance which supported prosecution case - Some omissions in evidence of eye witnesses but being immaterial and..........
Prevention of Corruption Act, 1947, Section 5(2) -- Illegal gratification - Demand - Prosecution failed to produce PW in whose presence bribe was demanded - Failure to prove basic ingredient - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - Case based on circumstantial evidence - Appellant and co-accused hired taxi and reached hotel, stayed there over night and next day dead body of driver recovered in hotel room - PW-10 proved that both accused had hired taxi - Waiter boy of hotel who had seen last appellant and co-accused leaving hotel..........
