Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 11 -- Murder - Death by burning - Plea of alibi - Allegation against sister-in-law (wife of brother of husband) - Accused convicted only on the basis of dying declaration of deceased - However, accused was living separately in a different house with her husband - Vague and cryptic allegations are..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 302 -- Plea of alibi - Murder - Accused not proved to be far away at the relevant time that he could not possibly be present at the place where crime was committed - Evidence led by accused to prove plea of alibi is rather sketchy and does not exclude with absolute certainty the possibility of his presence at..........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- Burden of prove - Murder case - Death occurred in matrimonial home of deceased - Heavy burden is on accused u/s 106 of Evidence Act, to explain as to under what circumstances deceased died an unnatural death in his house - Accused failed to explain the same - Plea of alibi as raised by accused also..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Burden of proof - Accused is only person who was living with deceased - There was no force entry into flat - Burden of proof of special knowledge would be upon accused - History of frequent quarrels between accused and deceased is on record - Accused failed to..........
Indian Penal Code, 1860, Section 304PartII, 34, Evidence Act, 1872, Section 11 -- Offence u/ss 304 Part-II, 34 - Custodial death - Plea of alibi - Accused being police officials apprehended deceased and brought him to police station and he was in custody of A-2 officer-i, charge of police station - Station diary, lock up register and arrest register were fudged to cover up..........
Indian Penal Code, 1860, Section 304 -- Offence u/ss 304 Part-II, 34 - Custodial death - Quantum of sentence - Accused are police personnel whose duty is to act in accordance with law - They fudged General Diary Register of police station to put up defence and has taken false plea of alibi - Even false memo was prepared by accused no.2 sending deceased to hospital when he..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - No iota of evidence is available on record that `M' son of appellant has ever visited native place of deceased to inform about occurrence - Neither any police record is requisitioned to prove this fact nor said witness has been examined as defence witness -..........
Indian Penal Code, 1860, Section 304, Evidence Act, 1872, Section 11 -- Offence u/s 304(Part I)PC - Plea of alibi - Accused examined DW1 and DW2 in order to prove plea of alibi - However, evidence of DW1 and DW2 neither inspires confidence nor same appears to be reliable - Accused failed to prove plea of alibi set up by him in defence by cogent evidence - Plea rejected...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of three years old girl - Plea of alibi - Plea of alibi not taken by accused in his statement u/s 313 Cr.P.C. - Moreover, accused was on leave from his work on the date of incident, thus plea of alibi that he was on his work place at the relevant date, negated - Convincing evidence on record that under..........
Evidence Act, 1872, Section 11 -- Plea of Alibi - Has to be proved by preponderance of probability, if not beyond reasonable doubt...........
