Indian Penal Code, 1860, Section 302, 34, 394, 404, 201 -- Conviction - Circumstantial evidence - Dead body found in a tank - Death due to axphyxia - Deceased, an employee of Commission Agent had set out for collection of money from customers and had collected some money also - He stayed with appellant at his residence - Appellant arrested from Bombay and pursuant to his..........
Tort -- Death of girl student in hostel due to security lapse - Hostel authority directed to pay compensation of Rs.Five lacs for negligence - Keeping of a watchman is not sufficient security where any one had easy entry to hostel premises...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- L.R's - Not entitled to take up a new plea other than the one taken up by the deceased defendant - They are to proceed with the case from the stage of death of defendant...........
Criminal trial -- Time of death - Medical science is not yet so perfect as to determine exact time of death nor can the same be determined in a computerised or mathematical fashion so as to be accurate to the last second...........
Indian Penal Code, 1860, Section 302 -- Accused fired from his double barrel gun and killed deceased at the spot - Enmity between family members of complainant and accused due to litigation - PWs 1 and 2 eye witnesses to the occurrence - Trial Court accepted their version - Medical evidence at variance with ocular evidence regarding time of death not fatal - Medical..........
Criminal Procedure Code, 1973, Section 391, 386 -- Retrial and reinvestigation - Communal frenzy - Death of 14 persons - Reinvestigation and retrial ordered as there was dishonest and fault investigation and trial was held in perfunctory manner as large number of PWs turned hostile and resiled; star witnesses threatened; Prosecuting agency not acted in requisite manner -..........
Indian Penal Code, 1860, Section 306 -- Suicide - Abetment - No evidence that there was harassment of deceased by accused soon before her death - No intention nor any positive act on part of accused to instigate deceased to commit suicide - Conviction set aside...........
Indian Penal Code, 1860, Section 498A -- Deceased writing letter before death indicating harassment on account of demand of dowry - Demand of dowry established by other witnesses also - Conviction u/s 498-A upheld...........
Insurance claim -- Repudiation - Ground that insured suppressed material fact of hospitalisation due to excess bleeding in the proposal form - Death of the insured due to cardiac arrest while on operation table when she was being operated upon for excessive bleeding - Held that this was a common, disease found in most of the women and non-mentioning of this disease in the..........
Indian Penal Code, 1860, Section 149, 302, 353, 326, 414, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(4) -- Several persons present at the house of accused - Huge arms and ammunition found - Raid by police - On seeing police party, firing at police started - Counter firing causing death of a person - Held, S.149 rightly applied - Principles of..........
