Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Prosecution from testimonies of PW18 and PW20 has been able to prove that deceased was last seen alive in the company of appellant and co-accused on the evening of day before death of deceased - Accused persons took deceased along with them on the pretext of fetching cable..........
Criminal trial -- Castigating remarks by Court - Opportunity of hearing - Before any castigating remarks are made by Court against any person particularly when such remarks ensure serious consequences on future career of person concerned he should be given opportunity of hearing in matter in respect of proposed remarks or structures...........
Criminal Procedure Code, 1973, Section 82 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.84) - Proclaimed offender - Petitioner has immediately moved the present petition showing his inclination to submit himself before trial Court when petitioner came to know about passing of order declaring him proclaimed offender - He can be given one chance to appear before trial..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Prosecution falsely implicated accused on the ground of enmity and rivalry between deceased and accused - Suspicion and doubt however, so strong cannot take place of proof or evidence - For holding any person guilty for any crime strong evidence beyond reasonable doubt must be adduced by prosecution - Neither there is..........
Indian Penal Code, 1860, Section 302, 300Exception, 4 -- Murder - Infliction of four knife blows to an unarmed person on vital parts of body is indicative of accused acting in a cruel manner - There is no evidence of exchange of blows - Case does not fall u/s 300 Exception 4 IPC...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - Victim has not stated that A-2 committed alleged offence only because of victim being a member of SC - No such statement was even made by PW2 - Defence has been successful in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Parties have been residing separately since 2012 which is more than thirteen years now and no substantial or meaningful effort has been made in restoring their matrimonial relationship - Every endeavour was made to explore possibility of reconciliation or alternatively an amicable separation, however, given..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was getting Rs.6,000 as monthly salary from stone crusher company - He was also working in his farm and earning therefrom is not controverted - Even if direct evidence regarding exact amount of income had not come on record, deceased could be presumed to have..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Clean hands -- When a person approaches Court, he should approach Court not only with clean hands but also with clean mind, clean heart and clean objective...........
