Indian Penal Code, 1860, Section 498A, 302, 34 -- Dowry death - Plea of suicide - If appellants had no role to play in the death of deceased, no explanation has been furnished by them as to why they themselves did not inform the police regarding the commission of suicide by deceased as alleged...........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Cruelty - Dowry death - Common intention - Plea of suicide - Appellants contented that deceased committed suicide, if that was so, why did the appellants themselves not inform the police about unnatural death of deceased - External injuries inflicted upon deceased were inconsistent with theory of suicide - Onus of proof was..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Cruelty - Dowry death - Suggestion was given to parents of deceased that their daughter was mentally disturbed as she could not bear a child and therefore she committed suicide - No evidence led by appellants that deceased was suffering from some gynecological problem running counter to her child bearing capacity - Moreover..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Extra judicial confession - Merely because one of witnesses to confessional statement does not support confession in its entirely, entire confession should not be brushed aside as unreliable particularly when independent witness had supported the recording of conviction - Appellants are not convicted merely on..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Validity - Circumstantial evidence comes to only one conclusion that appellant attempted to commit rape and because of resistance he committed murder of deceased - Appellant 21 years old at the time of occurrence - Held, possibility of reforming him cannot be ruled out - He cannot be termed as social menace..........
Indian Penal Code, 1860, Section 304(Part II), 302 -- Murder or culpable homicide not amounting to murder - Proof - Lands of accused and deceased situated nearby - Sudden quarrel between parties over sharing of water - Accused persons, seven in number, assaulted deceased in heat of passion - Evidence on record shows that accused gave blows with lathi on legs and fists..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 45, 53, 302 -- Remission of sentence - Whether imprisonment for life in terms of S.53 r/w S.45 IPC meant imprisonment for rest of life of prisoner or a convict undergoing life imprisonment has a right to claim remission and whether as per principles..........
Criminal Procedure Code, 1973, Section 432, 433, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether `appropriate Government' is permitted to exercise power of remission u/s.432/433 Cr.P.C. after parallel power has been exercised by President u/Art. 72 or Governor u/Art.161 or by Supreme Court in its..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether S.432(7) Cr.P.C. clearly gives primacy to executive power of Union and excludes executive power of State where power of Union is co-extensive? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether Union or State has primacy over subject matter enlisted in List III of Seventh Schedule of Constitution of India for exercise of power of remission? - Held, question referred to Constitution Bench...........
