Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Cause of death was septicemia due to extensive burning - Deceased stated in her dying declaration that kerosene oil was poured on her and a burning match was threw on her by accused - Dying declaration of deceased proved on record - Merely because deceased died more than one month after the incident does not..........
Indian Penal Code, 1860, Section 376, 323, 506, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Rape - Prosecutrix stated that accused after putting a country made pistol on her temple, used caste abusive language and took her to the fields, where he committed rape - Medical evidence supported ocular version of prosecutrix -..........
Indian Penal Code, 1860, Section 376, 323, 506, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5), Evidence Act, 1872, Section 3 -- Rape - Interested witnesses - Sole testimony of prosecutrix is trust worthy and reliable - Factum of PWs being related to prosecutrix does not shatter prosecution case, as said witnesses are best..........
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Preparation of dacoity - Secret information - Accused allegedly armed with fire arms assembled to commit dacoity - No evidence on record that accused offered any resistance to their apprehension by police officials though armed with fire arms - Nor they tried to fire upon police officials who came..........
Indian Penal Code, 1860, Section 324, 452, 34, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 324, 452, 34 IPC - Benefit of probation - Accused allegedly entered into house of injured and attacked him with country made pistol, as a result he sustained injuries on his hand - Evidence on record shows that injured were promptly treated by doctor and injuries..........
Indian Penal Code, 1860, Section 395, 120B -- Hire Purchase agreement - Failure to pay loan instalments - Possession of vehicle by financier - Being owner of vehicle, financier cannot be termed as a thief while exercising option to repossess the vehicle and element of dishonest intention is totally lacking - It is in exercise of right conferred on him by the terms of hire..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - For an offence of conspiracy, there must be an agreement between two or more persons to do an illegal act or a legal act by illegal means - Illegal act may or may not be done in pursuance of agreement, but the very agreement is an offence and is punishable...........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - Death by burning - 60% burn injuries - Dying declaration - Deceased confessed that accused poured kerosene oil on her and her mother-i, law lighted the fire - Though deceased was initially protective and wanted to save accused persons being mother of two children but subsequently when she realized that..........
Indian Penal Code, 1860, Section 302 -- Murder of father by son by fatal blow by knife - Origin of FIR under shadow of doubt - Witnesses of fact and recovery turned hostile - No witness stated that accused was the person who gave fatal blow to deceased - In such circumstances defence taken by accused is probable, as deceased had an evil eye on PW3 and as per FIR version,..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(1)(e), Indian Penal Code, 1860, Section 405 -- Sanction for Prosecution - Acquisition of assets disproportionate to known source of income - Governor quoted the complaint in detail in his order of sanction - But there is no finding as to why Governor accorded sanction..........
