Indian Penal Code, 1860, Section 304B -- Dowry death - Marriage in 1988 and Duragaman performed in August 1989 - Death in matrimonial house on 28.11.1989 - Doctor opined that possible cause of death not ascertainable - Post mortem report however noted black stained rough skin on both sides of neck and trickling of blood stained fluid from mouth - No evidence that death was..........
Indian Penal Code, 1860, Section 302, 34 -- Events as contained in FIR materially differing with statement of PWs - No statement in FIR that appellant inflicted any injury with the stick on head of deceased as alleged by PWs - Colour of alleged injury on skull not noted in report so to enable to ascertain time of injury - In inquest panchnama, no head injury on dead body..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - 15 bags of poppy husk recovered from trolley - Four persons sitting in trolley jumped away - Driver cannot be said to be in conscious possession - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - 14 bags of poppy husk recovered from trolley - Four persons sitting in trolley jumped away - Prosecution of driver - In statement u/s 313 Cr.P.C. it was not put to accused that 14 bags of poppy husk were lying in the trolley - It was put to accused that he was in possession of those..........
Indian Penal Code, 1860, Section 304B, 302 -- Dowry death by strangulation - Conviction u/s 302 IPC - When accused is convicted u/s 302 IPC he cannot be convicted u/s 304-B - Ss.304-B and 300 IPC are independent Sections having substantive sentences...........
Indian Penal Code, 1860, Section 498A -- Reduction in sentence - Conviction u/s 498-A IPC - Sentence reduced from 3 years to already undergone i.e. 5 months...........
Indian Penal Code, 1860, Section 450, 376(1), 109(1) -- Reduction in sentence - Conviction u/s 376 and 450 - High Court reducing sentence to already undergone on the ground that accused are from rural areas - This is not adequate and special reason to reduce the sentence - Order of High Court set aside...........
Indian Penal Code, 1860, Section 302, 304 -- Murder - Conviction - Appeal against - Recovery of knife on disclosure statement of accused - Version of eye witness fully corroborated by medical evidence - Accused and co-accused having previous enmity with deceased - Even though the eye witness turned hostile, his statement was admissible as he was confronted with his..........
Evidence Act, 1872, Section 30 -- Extra judicial confession - By co-accused - Can be admitted in evidence only as a corroborative piece of evidence - In absence of any substantive evidence against accused persons, the extra judicial confessional allegedly made by co-accused loses its significance and there cannot be any conviction based on such extra judicial confession...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 118 -- Rape - Of child aged 5/6 years - Victim was under great trauma and this could be reason that after a lapse of 15/16 months of the incident she was not in a position to even raise a finger of accusation towards the appellant - Conduct of victim does not create any doubt in the mind of Court so far as..........
