Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death of deceased caused by accused was not premeditated - However, intention has to be inferred as injuries were sufficient in the ordinary course of nature to have caused death - Offence committed by accused thus, falls u/s 304(Part I) IPC...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Nature of death of deceased was homicidal and cause of death was asphyxia due to strangulation - Deceased suffered injuries on her neck and ligature marks and other injuries were also found on her body on the date of incident - Sari used in strangulation also seized..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H), S.96 - Appeal at the instance of a legal representative who failed to get himself substituted on death of a party - There is no abatement of case on account of failure to file an application by the legal representative due to the death of a party - Order dismissing appeal as not maintainable, set aside...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Counsel for plaintiff on account of death in neighborhood could not appear before Court on the date so fixed - Affidavit in this regard was also submitted by him before Court below - Sufficient cause of absence has been shown by plaintiff - Suit restored to its original..........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Maintainability - Decree of divorce - Death of husband - Death of one of parties to proceedings after the decree will not render proceedings as abated - Appeal is maintainable...........
Evidence Act, 1872, Section 107, 108, Registration of Births and Deaths Act, 1969, Section 15 -- Civil death - Declaration of civil death can only be made by a competent civil Court and not by a statutory authority under provisions of Registration of Births and Deaths Act...........
Indian Penal Code, 1860, Section 302 -- Murder - First and foremost aspect to be proved by prosecution is factum of homicidal death - If evidence of prosecution falls short of proof of homicidal death of deceased, and if possibility of suicidal death could not be ruled out, appellant-accused could not be convicted merely on the basis of theory of "Last seen together"...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Common intention - Accused had given knife blow on neck of deceased which resulted into death of deceased on next day - Considering opinion of doctor, weapon used in committing offence and body part where knife blow was given, accused had intention to cause death while deceased was caught hold by two other accused -..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was strangulated to death by accused and an attempt was further made to conceal his identity by pouring acid over the body - Medical evidence shows that deceased was assaulted by two or more persons and that injuries were homicidal in nature - Landlord of..........
Indian Penal Code, 1860, Section 302, 307 -- Murder of mother by son - Death sentence - FIR shows that there was some quarrel between condemned prisoner and deceased - Accused t not deliberately with pre-mediation committed the crime - Moreover, there is no criminal antecedent against accused - Even there is no report from Jail that he mis-conducted himself while being..........
