Indian Penal Code, 1860, Section 314, 34 -- Illicit relations - Accused taking deceased to a Electro Homeopathy Doctor for abortion - Death while abortion was being done - Conviction by trial Court of both Doctor and appellant u/s 314/34 IPC - High Court upholding conviction - Appellant's case that he had no intention to cause death of deceased and infact he did not have..........
Motor Vehicles Act, 1988, Section 147(5), 149 -- Cheque - Insurance policy issued on the basis of cheque issued by owner - Accident on same day resulting in death of three persons - Cheque dishonoured - Policy cancelled - Held, refusal to meet claim of third party on ground there was no valid contract of insurance - Not tenable - On date of accident there was a insurance..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Death due to burn injuries - Two dying declarations - One to Police and another recorded by Magistrate - Evidence of Doctor that he heard PW5 persuading deceased to put blame on husband of deceased - Evidence of Police Officer that he saw PW5 conversing with deceased just..........
Indian Penal Code, 1860, Section 304(Part II), 149 -- Culpable homicide not amounting to murder - Sentence - All appellants had joined in attack on deceased - They had not only beaten him at one place but dragged him for some distance and on the way also some blows were given - Appellants had jointly caused death of deceased - Held, no reason to reduce sentence imposed -..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Validity - Appellant allege to have killed four persons by administering poison to them - Intention to kill only mother of approver - No intention to kill rest of the persons - Held, sentence of death reduced to sentence of imprisonment for life - Appeal partly allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Death prior to presentation of cheque - Partnership firm - Cheque issued by one `V' on behalf of partnership firm - Death of `V' before presentation of cheque - Cheque dishonoured - Complaint against wife and step son of `V' - Held, cognizance cannot be taken against his legal heirs who were not partners or is a partner or..........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Conviction of Father-in-law, husband and two brothers-in-law of deceased - Evidence of PW-13 sister of deceased who was married in the same house that all four accused had assaulted deceased on the date of incident - Trial Court and High Court believed the evidence of PW-13 - Deceased was married about one and half years..........
Will -- Suspicious circumstance - Produced for the first time for mutation after 18 years of death of testator - This is a suspicious circumstance...........
Indian Penal Code, 1860, Section 302 -- Conviction for murdering wife - Conviction set aside as (i) Statement of eye witness recorded three hours after incident (ii) Incident witnessed by mother of deceased who lived outstation but her statement that she was living with her deceased daughter for one month not believed; (iii) Eye witness made improvements in her statement..........
Hindu Succession Act, 1956, Section 16, Hindu Marriage Act, 1955, Section 5, 11 -- Second marriage during subsistence of first marriage - Right of children born out of such marriage to family pension and death-cum-retirement gratuity of deceased father - No nomination made for family pension and other benefits - Held, children of second void marriage are legitimate as such..........
