Indian Penal Code, 1860, Section 302, 304I, Arms Act, Section 27 -- Conviction u/s 302 IPC & 27 Arms Act - Appeal - High Court set aside these convictions and convicted u/s 304-I IPC - Challenged in appeal - Two eye witnesses - Plea of right of private defence - Accepted by High Court as probable and convincing - High Court held that accused exceeded his such right as he..........
Indian Penal Code, 1860, Section 147, 342, 149, 440, 34, 302, 149 -- Appeal against conviction - Dying declaration - There is no requirement of law that a dying declaration must necessarily be made to a Magistrate...........
Contempt of Courts Act, 1971 -- Contempt jurisdiction is not to be invoked or allowed to be revoked to enable appellant to wreck personal vengeance against alleged contemnors - Appellate Court will not interfere unless the order is totally perverse - Appeal dismissed...........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Deceased under the influence of liquor - Had a quarrel with the appellant on account of overcharging the price of beetal - There was first grappling and then the appellant caused knife blows to the deceased - Held that there was no premeditation and act was done in a heat of passion - Appellant not taking..........
Indian Penal Code, 1860, Section 302, 34, 201, 34 -- Appeal against conviction - Circumstantial evidence - High Court listing 13 pieces of circumstantial evidence to affirm the conviction and sentence of the appellants - Held that out of thirteen pieces of circumstantial evidence listed only three are relevant so far as the appellants are concerned - From the aforesaid..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against conviction - FIR - Delay in lodging - One of the eye witnesses had accompanied the injured only upto Kaithal - The FIR was recorded in the morning at 9 A.M. on next day - Special report with regard to incident reached the concerned Magistrate at 2.50 P.M. - The name of the appellant `K' appears to have been added..........
Indian Penal Code, 1860, Section 376, 302 -- read with Section 511 - Appeal against conviction - Dying declaration - Oral dying declaration by victim with regard to the attack on her made to her real brother - No reason to doubt the truthfulness of the dying declaration as the brother the victim has no reason to concoct a story with regard to her sister's assailant -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - It is not one of the conditions that the party seeking to introduce additional evidence must have led some evidence in trial Court...........
Service -- Dismissal from service on conviction under Prevention of Corruption Act - On appeal sentence suspended - Order of dismissal set aside by Tribunal with direction to appellant to treat period beginning from date of dismissal till disposal of criminal appeal as period of suspension - Held, Tribunal fell in error in holding that by suspension of execution of..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18 -- Revision against cancellation of P. Rights - Status of landowner whether small landowner or big landowner and whether purchases made by tenants should be cancelled or not - Would depend upon decision of High Court in Letters Patent Appeal - Any decision on revision would lead to complexities in litigation -..........
