Indian Penal Code, 1860, Section 302, 34, 326 -- Circumstantial evidence - Recovery of Kulhari and Jelly proved - Report of Forensic Science Laboratory corroborating the testimony of prosecution witnesses that blood found on the recovered articles was human blood of group A - Case against both accused proved by a complete chain of circumstances consistent with guilt of..........
Motor Vehicles Act, 1988, Section 168 -- Accident - Compensation - Quantum - Death of person aged 34-35 years - Multiplier of 10 applied - Deceased being in the age group of 35 to 40 years right multiplier is 16 as per II Schedule of the Act - Amount of compensation payable within three months with interest @ 6% and in case compensation not paid/deposited within this..........
Criminal Procedure Code, 1973, Section 389, 437, Indian Penal Code, 1860, Section 304B -- Suspension of sentence during pendency of appeal - Dowry death - Postmortem report stated 'No external injury found' - After opening the thoraco-abdominal cavity, the findings were noted in the columns concerned - The lungs, liver and spleen found in diseased condition - Cause of..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Murder - Applicability of Exception 4 of S.300 - Help of Exception 4 can be invoked if death is caused (a) without premeditation; (b) in a sudden fight; (c) without the offender's having taken undue advantage or acted in a cruel or unusal manner; and (d) the fight must have been with the person killed - To bring a case..........
Indian Penal Code, 1860, Section 101, 102, 103, 104, 105 -- Self defence - Right of - Plea of right comprises the body or property (i) of the person exercising the right; or (ii) of any other person; and the right may be exercised in the case of any offence against the body, and in the case of offence of theft, robbery, mischief or criminal trespass, and attempts at such..........
Indian Penal Code, 1860, Section 304B, 498A -- Cruelty soon before death - Wife committing suicide while she was at her parents house - Wife was not allowed to enter matrimonial house unless demand of a scooter and cash of Rs.20,000/- is met - As wife was not allowed to enter house of her in-laws unless demand is met as such it amounts to cruelty soon before the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 305, 306, 324 -- Custodial death of two ladies - Arrest of two police officials - In view of official position of accused bail cannot be granted till statements of some vital prosecution witnesses is recorded - Bail refused...........
Fatal Accidents Act, 1855, Section 1A -- Murder - Compensation - Wife and minor son are entitled for compensation - On death of a defendant his L.R's are liable to the extent of estate of deceased...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Dowry death - Two dying declarations - Deceased implicated her husband in one declaration, however in other all family members implicated - Hence, two dying declarations giving two different versions - Serious doubt created about truthfulness of dying declarations - Court rejected both dying..........
Indian Penal Code, 1860, Section 97, 98, 99, 100 -- Private defence - Right of causing death - Right of private defence extends to causing death if there is reasonable apprehension that death or grievous hurt would be the consequence of the assault...........
