Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Dowry death - Demand of dowry - Presumption u/s 113-B of Evidence Act - Prosecution failed to establish that immediately prior to death of deceased, she was subjected to cruelty or harassment in connection with any demand of dowry - Presumption u/s 113-B of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Testimony of eye witnesses/interested witnesses - Murder case - Evidence of PW1 and PW4 is consistent, cogent, reliable and trustworthy - Their presence at the scene of incident is natural inasmuch as incident took place in front of their house and that too in the morning - Consistent version was given..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Testimony of eye witnesses - Murder of four persons of same family - Minor discrepancies in the evidence of six eye witnesses with respect to manner of assault, would not be fatal to prosecution case, particularly when number of accused came in a group and assaulted few persons suddenly..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Partial statement of prosecution witness doubtful - Appreciation of evidence - Statement of eye-witness proved on record - Recovery of weapon and motor cycle proved - Even, statement of PWs 6 & 7 (doctors) clearly states that injury on head attributed is sufficient to cause death - Thus,..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Recovery of weapon proved on record - Even, evidence establishes that bullet found in the body of deceased was fired from the gun which is allotted to accused - Moreover, accused and deceased were last seen together - Testimony of witnesses found to be..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 32 -- Murder - Non-recording of dying declaration - There is no evidence on record to indicate that deceased had achieved degree of stable health which was good enough for her to have given a dying declaration - In such circumstances, non-recording of dying declaration of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Plea that prosecution case is liable to be disbelieved merely on account that no blood samples were taken from clothes of eye-witnesses - Plea held, not tenable as omission on part of investigation is not so material so as to be fatal to prosecution case in view of statements of eye-witnesses..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Contradictory statement of PW2 - Would not be so material a difference so as to discard prosecution case in view of specific and conclusive identification by both eye-witnesses to the incident with regard to identity of accused...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 3, 25 -- Bail during pendency of appeal against conviction - Claim on the ground of parity - Murder - Co-accused granted bail, as he was above 80 years - However, present accused persons were carrying a double barrel gun and country made pistol respectively and..........
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Appreciation of evidence - As per evidence on record, accused was last seen together with victim as accused gave 1 rupee coin to victim and told one of the..........
