Indian Penal Code, 1860, Section 302, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Death by burning - Testimony of child witness - Allegation against sister-in-law (jethani) of deceased - PW2/child witness stated that accused stuffed cloth in the mouth of deceased thereafter others tied her up and set her on fire leading to 95% burns - He had seen the entire..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Testimony of eye witness - Accused assaulted deceased with iron pipes, sticks and iron rods - PW2 accompanying deceased on motorcycle - He ran away from the place of incident and returned with his friends - Credibility of PW2 as an eye witness not doubtful - PW10 an independent witness corroborated PW2 in all..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 418, 405, 467, 468, 471, 474, 120B, 34 -- Anticipatory bail - Cheating - Fraudulent misappropriation of funds - Serious allegations against accused of fraudulent misappropriation of amounts intended to be paid by company to farmers affected by work of road widening being undertaken by..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Allegations against accused is that they harassed deceased - No other material is on record which indicates abetment - Offence u/ss 306, 34 IPC not made out against accused...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Court has no power u/s 34 of the Act to modify an award...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - - S.34 of the Act proceedings does not contain any challenge on merits of award...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant contended that mutation of suit property is in his favour - However, defendant failed to produce certified copy of mutation register - Plea taken by plaintiffs is found trustworthy that defendant is neither in legal possession of suit property nor same was validly mutated in his name - Suit..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, 34 -- Second anticipatory bail application - Cheating - Proclamation u/s 82 Cr.P.C already issued against accused - Contention of accused that accused can be declared as proclaimed offender only in terms of S.82(4) Cr.P.C, rejected, as procedure adopted u/s 82(4) Cr.P.C is not different..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - For convicting an accused recovery of weapon used in commission of offence is not a sine quo non...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Gunshot injury - Ballistic report - Merely because ballistic report shows that bullet recovered does not match with gun recovered, it is not possible to reject credible and reliable deposition of eye witnesses who witnessed the shooting, particularly when it is corroborated by bullet found in the body of deceased...........
