Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Dying declaration - Conviction - Appreciation of evidence - Deceased burnt alive by his father - Accused after taking liquor often used to beat his wife and children - Dying declaration of deceased which was recorded by police officer, recorded after obtaining certificate from the doctor -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Conduct of complainant - Initially no report was lodged by complainant regarding occurrence - When inquest report of deceased was submitted by constable complainant stated that deceased died due to an accident - Complainant filed the written report after 9 days of occurrence mentioning that accused..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Company officials concerned can be arrayed as accused in a complaint only if such person was in charge of and responsible for conduct of business of company at the time of offence was committed...........
Indian Penal Code, 1860, Section 302, 120B, 34, Evidence Act, 1872, Section 118 -- Murder - Criminal conspiracy - Testimony of child witness - PW4 aged 12 years clearly stated that his mother/accused was present in the room when assault was taking place and she asked them to leave the room on the biding of one of assailants - PW4 also identified other two accused in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Recovery of 4 kgs of heroine - FSL report discloses that only 50 gms of heroine was actually in possession of accused - Accused remained in custody for about 5 1/2 years - Thus, taking into account period of..........
Indian Penal Code, 1860, Section 341, 323, Probation of Offenders Act, 1958, Section 3 -- Offence u/ss 341, 323 IPC - Benefit of probation - Trial Court while granting benefit of probation to accused, considered all pros and cons including his social status and previous conduct - Appellant Court also fully concurring the said finding of trial Court and recorded its..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 115 kg poppy husk - Conscious possession - Word conscious means awareness about a particular fact - It is a state of mind which is deliberate or intended - Conduct of accused is very material to determine the question of conscious possession...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 115 kg poppy husk - Conscious possession - Accused found dragging out a gunny bag from paddy field to kachha path and on seeing police, he sat down inside the field - No explanation given by accused as to his presence in the field where gunny bags containing poppy husk were lying - Conduct..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Eve teasing - Accused after his acquittal engaged himself in threatening and teasing deceased - He did not allow her to live in peace - Harassment caused to deceased had become intolerable and unbearable - Accused by his acts and by his continuous conduct created such situation as a consequence of which deceased..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Obstruction in administration of justice - Two medical professionals extended medical asylum to accused without any reason or medical condition as a cover to defeat the orders of Supreme Court - By such conduct these medical professionals obstructed administration of justice - However, regard being had to the..........
