Indian Penal Code, 1860, Section 144, 148, 302, 149 -- Murder - Conviction - Witnesses have defined the roles of each of the accused and have clearly stated who was holding what - They also seem to be aware of the background of the assault - Therefore, with such impeccable evidence on record, and their testimonies having remained unshaken on the core of prosecution case..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden fight between accused and deceased after consuming liquor over the issue of seniority - There was no premeditation - Accused snatched a rifle of deceased in the heat of passion and fired only one bullet - There was no intention on the part of accused to kill deceased - Accused is thus, guilty..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Reduction of sentence - Accused did not misbehave with deceased earlier - PW10 admitted that accused had a nice reputation - Conduct of accused will be mitigating factor for determining sentence - Accused has undergone incarceration for a period of 9 years and approximately 3 months - He thus,..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely not permitting deceased to go for watching cinema is not a ground to conclude that accused had abated deceased to commit suicide...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - No marks of injury or previous torture or cruelty soon before death has been found on person of deceased by Doctor who conducted post mortem - Even there is no evidence that deceased was subjected to cruelty for demand of dowry or for any other reason - Accused had not intentionally aided..........
Indian Penal Code, 1860, Section 302, 304(Part II), 323, 147, 148, 149, 447 -- Nature of offence - Dispute took place on the spur of moment and there was no premeditation - Accused `R' inflicted only a single blow on the head of deceased with a lathi - It was thus, in the knowledge of accused `R' that his act was likely to cause death, but same would not fall within ambit..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 392, 397, 201, Arms Act, 1959, Section 27, 25(4), Maharashtra Police Act, 1951, Section 37(1)(3), 135 -- Bail - Murder - Deceased was killed in brutal manner by cutting her body parts and thrown at different places - Body parts recovered were completely decomposed - Prima facie it appears..........
Matrimonial dispute -- Directions issued for early disposal of cases Viz: - (i) When a matrimonial case involves the prayer for dissolution/nullity of marriage, Courts should make all efforts to try & dispose off the same within an outer limit of one year, so that in the event of granting such a decree, parties may restructure their lives; (ii) Delay in disposal of such..........
Indian Penal Code, 1860, Section 376, 377, 313, 406, 506 -- Rape - Informant admitted of lodging FIR by falsely making serious allegations of rape to pressurize accused and/or to settle score - FIR quashed - Cost of Rs.10,000/- imposed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Parameters summarised for taking secondary evidence, viz. (i) party seeking to lead documentary evidence must lay down some foundational evidence either in plaint or in written statement as the case may be that alleged copy is in fact true copy of original; (ii) party seeking to lead secondary evidence should..........
