Indian Penal Code, 1860, Section 302, 304A -- Murder or death due to negligence - Proof - Accused alleged to have intentionally dashed his vehicle against scooter of deceased - Statement of star witness u/s.161 Cr.P.C. recorded by Investigating Officer after three days of occurrence - Material infirmities in evidence of said witness and, therefore not enough to establish..........
Criminal trial -- Rape and murder of four year old girl - Circumstantial evidence - Witnesses deposing that accused was having crying child with him - Evidence of shop keeper from whom accused purchased peppermint for appeasing girl - Witnesses identified accused and victim - Place where dead body hidden was shown by accused - Doctors evidence of rape and injuries on..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 9 -- Murder case - Circumstantial evidence - Death by hanging - Nothing on record to indicate that all accused were last seen together with deceased on fateful night - Absence of any investigation as to what was blood group of deceased - Presence of Group `A' blood on lungi that was used as ligature which..........
Indian Penal Code, 1860, Section 302, 201 -- Conviction on basis of circumstantial evidence - Murder of wife - No direct evidence - Alleged extra judicial confession in drunken mood to a witness who was also in drunken state - Not reliable - Cause of death not ascertainable as autopsy Doctor was not sure as to whether injury was post mortem or anti-mortem - Body of..........
Indian Penal Code, 1860, Section 302, 392, 201, 120B, 34 -- Murder and theft - Conviction on basis of circumstantial evidence - Accused persons allegedly hired car of deceased, went to several places, gave soft drinks mixed with sleeping pills and intoxicating drinks, strangulated him to death and then drove away car, changed registration number and after few days..........
Hindu Succession Act, 1956 -- Widows right of inheritance - Subsequent unchastity will not make a widow forfeit property which she has succeeded to her husband on his death...........
Indian Penal Code, 1860, Section 376, 302, 34 -- Rape & murder - Capital punishment - Accused persons sent to work in house and garden of victim by her father an Assistant Jailor - Breach of confidence and causing rape and murder of 16 years old girl - Circumstantial evidence - Defence of alibi - Witnesses proved presence of accused persons at relevant time in place of..........
Criminal Procedure Code, 1973, Section 433A -- Remission or commutation - Life imprisonment for which death is one of the punishments provided by law - Such convict has to undergo actual imprisonment for at least 14 years excluding remissions earned in the jail...........
Rent and Eviction -- Reasonable and bonafide requirement - Landlord required shop to start business - Death of landlord at trial stage - Court allowed the legal heirs to amend the plaint and plead their own requirement - Contention that Court wrongly allowed the amendment - 13 years passed since then- Supreme Court not allowed to raise this point in exercise of discretion..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused persons A1 to A3 came together to place of occurrence with fire arms - Held, there was pre-arranged plan to cause death - Participation of accused Nos.2 and 3 in furtherance of common intention of causing death proved - Contradiction in prosecution witnesses regarding part played by said two..........