Indian Penal Code, 1860, Section 498A, Protection of Women From Domestic Violence Act, 2005, Section 3 -- Domestic violence proceedings and complaint u/s.498-A IPC - Contention that since same allegations are made by respondent in domestic violence proceedings and complaint filed u/s.498-A IPC, therefore, either of proceedings need to be stayed - Held, purpose behind both..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 394 -- Murder - Non-examination of some witnesses - Effect - Evidence of PW1, PW2, PW3, PW8 and PW11 sufficient to unfold prosecution story against appellant and prove beyond reasonable doubt that it is appellant who had killed deceased and committed theft of his mule cart - Held, no, examination of other..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 394 -- Murder - Motive - Proof - Held, from extra judicial confession made by appellant to PW8, it is clear that motive of appellant was to take possession of mule cart and sell same and make money - Thus, prosecution successfully established motive of appellant to kill deceased...........
Indian Penal Code, 1860, Section 302, 201, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Proof - Deceased last seen in the company of appellant and accused No.1 - Oral evidence extracted against each of the circumstance could not be contradicted materially as prosecution witnesses remained firm and unshaken - Documents exhibited by..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Proof - PW5, mother of deceased child, deposed that while she was preparing food in kitchen deceased was also in kitchen holding her sari - Suddenly, appellant/accused came and assaulted deceased and as a result of assault victim fell on ground - When PW5 shouted for help appellant/accused..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Occurrence took place about 1.30 A.M - Deceased found lying dead on his bed - Accused/appellants lived with him in his house and were present at the time incident took place - Accused `P' made a statement u/s.27 of Evidence Act and led police to recover weapon of..........
Indian Penal Code, 1860, Section 364A, 120B, Evidence Act, 1872, Section 3 -- Kidnapping for ransom - Criminal conspiracy - Proof - Victim PW2 stated that `D' and `S' were together all throughout until such time PW2 was taken by `S' to Jwalapur - Evidence of PW2 would show that in a motorcycle, `S', `D' and PW2 travelled from Roorkee to Piran Kaliyar Sharif - There, PW2..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 32 -- Murder - Oral dying declaration - Reliability - Accused persons alleged to have assaulted 70 years old lady by lathi - PW5 (eye-witness) informed PW1 (deceased's son) about the incident - PW5 deposed that deceased was assaulted by A1 - He did not make any allegation against A2 - PW1 alleged that..........
Indian Penal Code, 1860, Section 324, Evidence Act, 1872, Section 3 -- Voluntary causing hurt by dangerous weapons or means - Proof - Prosecution's case that after altercation appellant No.1 alongwith appellant No.3 & 4 came on rooftop of house of victim and opened fire - Victim and her son sustained firearm injuries - In her deposition before trial Court, victim changed..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Indian Penal Code, 1860, Section 376 -- Rape - Application of S.3(2)(v) - Victim is a member of SC and appellant is a member of Hindu-Thiyya community - But apart from stating that she is a member of SC there is no evidence to show that it is only because of racial difference..........
