Indian Penal Code, 1860, Section 302 -- Conviction u/s 302 IPC - Plea of alteration of sentence to S.304(Part I) IPC - Accused took the deceased to hospital - Occurrence took place in the house of accused and unfortunately even after having four children, she died at the matrimonial home due to burn injuries at the instance of accused - Held, there is no valid ground to..........
Transplantation of Human Organs Act, 1944, Section 22 -- Sanction for prosecution - Filing of complaint - Sanction of State Govt. to file a complaint is in name of complainant who has never sought permission for sanction to prosecute under the Act - It was Medical Director of Hospital who had sought permission - Held, permission having been granted to a person who has not..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Accused acquitted on consideration of one of the relevant aspect that it was husband of deceased who took the deceased to the hospital and it was he who informed the police as well as parents of the deceased and he did not made any attempt to run away from the place of occurrence...........
Criminal Procedure Code, 1973, Section 432(5), Tamil Nadu Suspension of Sentence Rules, 1982, Rule 22(3), 40 -- Life convict - Grant of ordinary leave of 90 days - - Validity - Life convict suffering from serious illness - Disease progressive in nature - Cardiac and renal functions were deteriorating - No adverse report against convict - Superintendent of Central Prison..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden quarrel between husband and wife - Wife herself sprinkled kerosene oil on her - Accused lit the match stick - When wife caught fire husband tried to extinguish fire and took her to hospital - Accused was not having any intention to commit murder - Conviction altered from S.302 IPC to S.304(Part..........
Indian Penal Code, 1860 - - Abetment of suicide - Conviction - Validity - Version of PW3 cannot be believed as from outset she along with PW4 started embellishing fact - Statement of PW4 is an outraging replica of statement of PW3 - Apart that, according to PW4 purported dying declaration was made to him when PW3 was accompanying him in hospital - On other hand, it is..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Victim when suffers injuries on a vital part, then it is but natural that he will first rush to hospital than going to the police station - Some delay in lodging FIR not fatal to the prosecution case...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay - Condonation - 30 days delay in filing complaint - Delay on account of counsel was admitted in the hospital - Delay properly explained and sufficient cause shown for condoning delay...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Bail - Complainant had taken his injured brother to hospital and after ensuring his treatment he lodged FIR - No existing enmity between parties which may appear plausible - Plea of juvenility on behalf of applicant "B" is taken for first time before High Court and this fact may only be disposed of..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Cause shown for not approaching Court within limitation that petitioner was not physically fit and remained in hospital for some day - Held, cause shown is not sufficient as it was not necessary for the petitioner to come to Court personally...........
