Indian Penal Code, 1860, Section 307, 120B, 506 -- Attempt to murder - Criminal conspiracy - Conspiracy hatched in public place as per PWs, as they overheard accused to kill complainant and his family - However, it is a matter of common sense that conspiracy is always hatched in secrecy, even though assumed that PWs heard accused hatching a conspiracy, they should have..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Public purpose - Market value - Determination - In the instant case, land was acquired by Power Corporation for public purpose for constructing dam - Hence, market value has to be determined at flat rates, irrespective of its nature and type - Therefore, determination of market value by Reference Court on..........
Constitution of India, 1950, Article 32 -- Levy of Market fee - High Court has passed common judgment deciding fifteen writ petitions - All writ petitions are also dismissed taking into consideration terms and conditions of contract of sale between petitioner and its seller - This is clearly wrong approach - In each case High Court was supposed to go into contract for sale..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred after altercation took place during discussion - That led to sudden fight during which A-1 attacked the deceased with a knife - There was neither prior concert nor common intention to commit murder - S.300 Exception 4 IPC is applicable to the case - Accused convicted u/s 304(Part..........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Accused came together armed with a hammer, sickle and iron rod respectively and assaulted deceased repeatedly on head - Repeated assault by each of accused on the head of deceased reflects individual intention of each of them to ensure the death of deceased - Number of injuries on the head of deceased speaks for itself..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Circumstantial evidence - Motive of crime proved on record as accused taken away Rs.10,000 from house of deceased, though they not succeeded in taking away the amount of Rs.3.5 lakhs, which was in their knowledge - Blood stain clothes of accused recovered at the disclosure statement of accused and..........
Constitution of India, 1950, Article 20(2) -- Double jeopardy - Two aspects of doctrine of double jeopardy are: Autrefois convict and Autrefois acquit - Constitution bars double punishment for the same offence - Conviction for such offence does not bar for subsequent trial and conviction for another offence and it does not matter even if some ingredients of these two..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Death due to 100% burn injuries - No evidence on record that sister-i, law and brother-i, law tortured the deceased for any demand of dowry - It cannot be said that brother-i, law and sister-i, law had any common intention with husband of deceased in commission of crime - It is sufficiently shown on record that..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Consolidation of two suits - Single judgment - Suits in which common issues have been framed and common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments and decree not assailed thereupon metamorphoses into..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused `A' died during pendency of appeal - FIR lodged by eye witness does not contain allegation against accused `G' with regard to assault or causing any injury to deceased or that he exhorted accused `A' to kill deceased - Said omission on part of eye witness is material omission, which affects the core of..........
