Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34 -- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical..........
Indian Penal Code, 1860, Section 193, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(2) -- False evidence - Jurisdiction of Rent Control Court - Rent Control Court is not empowered to initiate prosecution for offence u/s 193 IPC on allegation that false evidence is given during course of proceedings...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Number of wounds caused during occurrence - Not a decisive factor for determining nature of offence...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a scuffle between parties in the heat of passion, which resulted into death of two persons - Weapon used in fight between parties is `Kirpan' - Attack was not premeditated and preplanned - Injuries caused were the result of blow with a small `Kirpan' and it cannot be presumed..........
Indian Penal Code, 1860, Section 307, 328, 392 -- Reduction of sentence - Offender is female - In the instant case, accused convicted and sentenced for R.I. 2 years each in offence u/ss. 307, 328, 329 IPC and imposed fine of Rs.2000/- - No further leniency can be shown on ground that she is woman and has to look after her 3 minor children out of which 2 are mentally..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Triple murder case - Dying declarations - Seven months pregnant wife and her minor child were burnt by accused by pouring kerosene oil upon them - Minor child died on the spot - However, pregnant wife succumbed to injuries after 5 days of incident - Three oral and three written dying declarations -..........
Indian Penal Code, 1860, Section 302 -- Triple murder case - Once the dying declarations of deceased are duly proved, it is admitted that deceased were in the custody of accused - It is for the accused to show that the facts were otherwise - Failure of accused to explain how deceased met with unnatural death due to burn injuries sustained at their house, leads to an..........
Indian Penal Code, 1860, Section 302 -- Triple murder case - Death sentence - Accused committed murder of her seven months pregnant wife and his minor child by pouring kerosene oil upon them - There is no eye witness to the incident - Case based on dying declarations of deceased - It is not a rarest of rare case, where death sentence should be awarded - Confinement till..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n), Evidence Act, 1872, Section 27 -- Rape on minor and murder - Discovery of evidence - Accused led police to place of offence and to place of concealment of victim body - Accused alleged that spot was easily accessible to public and hence accused could not..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n), Evidence Act, 1872, Section 27 -- Rape on minor and murder - Discovery of evidence - Witnesses and police have been led to locus criminis by accused and at his behest articles were recovered despite lapse of six months from accident, thereby leaving no..........
