Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per prosecution version husband of deceased was having an affair with another lady and caused death of deceased with rope and then hanged her with Dupatta - As per evidence on record there is no eye-witness to said incident - Medical evidence does not..........
Indian Penal Code, 1860, Section 304B, 302, 201, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - One of the brother of deceased has clearly deposed that deceased died accidentally and that deceased has also informed him before her death that her husband and his family members had never demanded any dowry - Even , photographs reveal that at the..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased committed suicide by pouring kerosene oil upon her and putting on fire after 12-13 years of her marriage - Parents of deceased stated that accused used to administer beatings to their daughter after consuming liquor - Medical evidence duly corroborates ocular evidence - Delay in lodging..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is a habitual offender and several cases pending against him - Crux of the charge against accused is that he entered into an conspiracy and in furtherance thereof, had eliminated a witness in an earlier case against him - Accused was in judicial custody on..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Motive - Premeditated assault - Occurrence of verbal exchanges and incidence of trifle beatings one day prior to incident - Eye witness/injured lodged FIR and stated involvement of accused party by naming their role and injuries, corroborated by medical evidence - Weapons recovered - FSL report..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - In "negligence" wrong doer breaks a positive duty and in "rashness" he breaks a negative duty...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between lorry and car - Death of driver and one of passengers of car - Accident occurred due to rash and negligent driving of driver of offending vehicle - Place of occurrence is a curve and accused driving the lorry at a high speed which resulted in death of two persons - No..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Collusion between lorry and car - Death of driver and one of passengers of car - Incident occurred long back in 1998 - Accused is now 60 years old - Considering the age of accused and long lapse of time, accused entitled to get leniency - Accused sentenced to R.I..........
Indian Penal Code, 1860, Section 302 -- Murder - Inquest report - Not necessary to mention name of accused in inquest report - However, when PW1 disclosed the name of accused in FIR and he himself was also a witness of inquest along with PW4, then natural conduct is that he should also tell the name of accused to I.O. - Such lapse creates doubt regarding prosecution case...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased attacked by `Phawra' and neck of deceased was beheaded from the body - Eye witnesses stated that accused ran away from the scene of occurrence along with `Phawra' and head of deceased - However, PW5 Inspector stated that only `Phawra' was recovered from accused and head of deceased was not recovered - Even in the..........
