Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Commutation to fixed term R.I. without remission - Appellant is involved in twenty four criminal cases of which three are for offence of murder and two are for attempting to commit murder - Held, in such circumstances, if appellant is given a lesser punishment and let free, he would be a menace to society -..........
Indian Penal Code, 1860, Section 307, 324, 323 -- Nature of offence - Assault cannot be imputed the character of such nature that it was always intended to cause death - Finding of acquittal recorded u/s 307 IPC is wholly justified under the facts and circumstances of the case - Marpit took place at the spur of moment without any plan or premeditation - No reason to..........
Indian Penal Code, 1860, Section 304(Part I) -- Death caused by burning - There was close relationship between appellant and deceased for about a year as deceased was in love with appellant - FIR lodged u/s 304(Part I) IPC instead of S.302 IPC which suggests that police was under impression that after deceased had voluntarily gone to appellant, some quarrel might have..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Substitution of L.R's - Condonation of delay - Negligence on part of Advocate - Plaintiff failed to prove that his Advocate had not informed him of death of defendant or requirement of moving application for bringing on record his legal representatives - Plaintiff pleaded that he is illiterate..........
Evidence Act, 1872, Section 32(1), Indian Penal Code, 1860, Section 498A -- Dowry Death - Statement made by deceased to her father, mother and uncle few days or few months before her death - Not admissible in evidence u/s 32(1) of the Act as far as charge u/s 498-A IPC is concerned as the cause of death of deceased was not in question for the said charge...........
Service -- Compassionate appointment - Compassionate appointment is basically a way out for family which is financially in difficulties on account of death of bread earner - It is not an avenue for a regular employment as such - This is in fact an exception to provisions under Art.16 of Constitution - That being so, if an employer points out that financial arrangement..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Appeal against conviction - Accused acquitted - Deceased stated that while he was in police lock up, two accused persons came to see him and gave two tablets of intoxicants to him and told him that if consumes it he will be saved from interrogation - After consuming it deceased vomited and became..........
Prevention of Corruption Act, 1988, Section 4(3) -- PC and no, PC offences - Public servant and no, public servant both charged with PC and no, PC offences - Death of public servant during trial - Jurisdiction of Special Judge - Held, once power has been exercised by Special Judge u/s.4(3) of PC Act to proceed against no, PC offences along with PC offences, mere fact that..........
Prevention of Corruption Act, 1988, Section 4(3), 13(2), 13(1), Indian Penal Code, 1860, Section 120B, 420 -- Case registered against sole public servant and no, public servants u/ss 120-B, 420 IPC r/w S.13(2) & 13(1) of PC Act - Death of sole public servant before framing of charges - No PC offence committed by any of no, public servants - Held, Special Judge had no..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Murder - Appeal against conviction - Accused acquitted - Circumstantial evidence - Recovery of dead body after 5 days from water flowing canal - No cause of death available in medical evidence - Recovery of wallet after lapse of 8 to 10 days from the date of incident is highly doubtful - I.O failed to explain as to why..........
