Evidence Act, 1872, Section 32 -- Dying declaration - Admissibility - It is not necessary that the maker of the statement at the time of the statement should be under shadow of death and should entertain and believe that his death was imminent - The expectation of imminent death is not the requirement of law...........
Penal Code, 1860, Section 325,34,326,34 -- Appeal against acquittal - Appreciation of evidence - Four accused charged for offence punishable u/s 302/34 IPC - Trial Court found the accused guilty of offences punishable u/ss 325/34 and 326/34 IPC - High Court discarded the testimony of eye-witness as also the dying declaration and acquitted all the accused altogether -..........
Penal Code, 1860, Section 325,34,326,34 -- Appreciation of evidence - Deceased was initially given blood of 'A - group - Subsequently, he was given blood of 'O+ - group as blood of 'A - group went out of stock - Doctor-witness deposing that he could not say if the patient died because of blood reaction or because of injuries suffered by him - Findings by the Sessions Judge..........
Penal Code, 1860, Section 302,34,377 -- Evidence Act, 1872, Section 118 - Murder Reference - Murder - Sodomy - Testimony of Child Witness - Quantum of sentence - Death sentence - Prosecution case that appellants-accused firstly committed sodomy and then they allowed the victims to die by way of drowning - Victims aged 9 years and 8 years respectively - Prosecution story..........
Indian Penal Code, 1860, Section 302, 307, 323, 341, 147, 148, 149 -- Conviction - Appeal against - Out of five accused, one pregnant lady, other invalid, third a juvenile and fourth an old lady - Trial Court discarding theory of common object - No witness deposing correctly about weapons possessed by accused persons - Part of beating resulting in death took place inside..........
Indian Penal Code, 1860, Section 302 -- Death sentence - Murder of three members of family by domestic servant and attempt to murder wife of his master - Death sentence - Held, it is rare of rarest case - Death penalty needs no interference...........
Service -- Family pension - Death in 1969 - Illiterate widow applied for family pension in 1991 - Held, family pension is a right to life - If widow applied for it late due to ignorance, she cannot be denied arrears on ground of delay - Family pension allowed w.e.f. 1969...........
Motor Vehicles Act, 1988, Section 147 -- Goods vehicle - Death or bodily injury to owner of goods or his authorised representative travelling in goods vehicle - Held, insurer is not liable for paying compensation...........
Penal Code, 1860, Section 304B, 498A,406 -- Dowry death - Appeal against acquittal - Prosecution failed to prove that the death of the deceased took place otherwise than under normal circumstances - Documentary evidence on record suggesting that deceased was quite happy in the house of her in-laws - Finding of trial Court cannot be said to be perverse - Order of acquittal..........
Will -- Late production - Merely because there is some time gap between the death of executant and production of Will before Revenue Officer - Not a suspicious circumstance...........
