Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 313 -- Murder - Examination of accused - High Court committed error by setting aside Trial Court judgment of conviction and remanded the matter back for retrial decision afresh on the ground of defective examination of accused u/s 313 Cr.P.C - However, accused did not raise any question..........
Indian Penal Code, 1860, Section 364, Criminal Procedure Code, 1973, Section 313 -- Abduction - Statement of accused - Complainant alleged that her daughter was abducted by her own husband (accused) - No evidence brought on record regarding abduction - Complainant admitted that her daughter remained in jail but she was not aware of the year when she remained in jail -..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 313 -- Murder - Appeal against conviction - Accused acquitted - Circumstantial evidence - Recovery of blood stained clothes of accused examined by serologist and it found the same AB blood group as that of deceased as per report of serologist - Report of serologist not put to accused during..........
Indian Penal Code, 1860, Section 313, 323, 342, 315 -- Causing miscarriage without women's consent - Conviction - Validity - Accused persons alleged to have assaulted complainant's daughter-i, law with fists and slaps, as she uprooted piece of sugarcane from field of accused, as result of which she suffered miscarriage - No positive medical report by competent doctor -..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 313 -- Gang rape - Bald statement by accused that they were innocent - No explanation as to why prosecutrix deposed against them and involved them in such a heinous crime - Conviction calls for no interference...........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302 -- Murder - Failure to put incriminating material - Effect - None of the incriminating material has been placed before appellants - Held, in absence thereof, certainly their interests have been prejudiced - By such laches appellants have been deprived of an opportunity to explain circumstances..........
Indian Penal Code, 1860, Section 498A, 313, 323, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 179 -- Dowry demand - Wife tortured and assaulted for demand of dowry at Gurgaon - She was refused to be keet in the house till demand was fulfilled - Wife compelled to live with her parents at Lucknow - Held, Court at Lucknow has..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 364, 302, 34 -- Question as to strangulation of accused to death or that he was kidnapped - Not put to accused in his statement u/s 313 Cr.P.C. - Accused not afforded an opportunity to explain incriminating circumstances appearing against him - Said circumstances cannot be considered against him..........
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Circumstantial evidence, Criminal Procedure Code, 1973, Section 313 -- Scope and ambit of - Held, it is a settled principle of law that prosecution has to satisfy certain conditions before a conviction based on circumstantial evidence can be sustained - Circumstances from which conclusion of guilt..........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Petitioner has been examined in his statement recorded u/s 313 CrPC - In one sentence it is recorded that all incriminating evidence has been put to accused and thereafter his denial has been recorded - From perusal of statement of accused it is not evident..........
