Representation of the Peoples Act, 1951, Section 86(7) -- Election petition - Election of Legislative Assembly - Time of Scrutiny - Objection as to - Challenge against nomination of respondent before High Court - Written statement filed after two years - Adjournment of matter again and again - As per S.86(7) of the Act, Court has to endeavour to dispose of an election..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused alongwith his brother went to shop of deceased father-in-law to bring back his wife and in quarrel hit knife blows and killed him - Recovery of weapons post disclosure statement of accused - Injuries as per post-mortem report are possible by weapons recovered - Testimony of..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of certain weapons with blood stains immediately on the day after the incident on the disclosure statement of accused, mere fact that those recoveries were not supported by independent panch witnesses, is not a ground to doubt on said recoveries -..........
Indian Penal Code, 1860, Section 376, 354 -- Rape of 8th class girl by her school teacher - Prosecutrix was proved to be below 16 years at the time of incident - Statement of prosecutrix that she was sexually assaulted and raped by accused, was consistent despite test of severe cross-examination - Medical evidence supported the testimony of prosecutrix - Defence taken by..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Name of accused `R' not mentioned in dying declaration - Word `jeth' referred in respect of accused `R' was not proved as he was neither real brother of accused `B'/ husband of deceased nor his cousin - More so, no eye witness to corroborate that in dying declaration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of 3 kgs charas - Conscious possession - Appeal against conviction - In the instant case, contraband recovered from bag lying between seats of car in which all accused were sitting - Even, none of accused took defence in their statement u/s 313..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Demand of dowry - General allegations without any date and time of incident of demand of dowry - There is absolutely no material to connect accused with demand of dowry, cruelty, harassment to constitute the alleged offence - Statement of PWs no.1 & 2 are self..........
Indian Penal Code, 1860, Section 498A, 323, 506, 34 -- Offence u/ss 498-A, 323, 506, 34 IPC - Quashing of FIR against relatives of husband - Prima facie allegations are made against relatives of husband in FIR and in the police statement by witnesses for demand of dowry and harassment - Quashing of FIR at the initial stage is not appropriate, as triable case is made..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - L.R's impleaded - Legal heirs of original defendant are not only bound by the agreement executed by him, but also by the pleas taken by the original defendant in his written statement before the trial Court...........
Indian Penal Code, 1860, Section 364, 392, 302, 201 -- Abduction - Robbery - Murder - Circumstantial evidence - Confession as to recovery of skelton of deceased - Accused made his confession while he was in police custody - No reliance can be placed on confessional statement of accused except recovery - Though facts leading to recovery is admissible but it may not be..........
