Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A -- Oral dying declaration - Dowry death - Cruelty - Death by burning - 95% burn injuries - Dying declaration was made to PW2 in presence of doctor and nurse - However, prosecution failed to produce best evidence viz. doctor and nurse - Withholding of best evidence affects credibility and veracity..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Oral dying declaration - Evidence on record both of deceased as well as local witnesses establish beyond doubt the continuous physical and mental torture meted out to deceased resulting in her death due to burn injuries within 1-1/2 years of her marriage - Essential ingredients of S.304-B IPC proved,..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Accused u/s 304-B IPC directed to suffer maximum sentence of life imprisonment - Oral dying declaration of deceased not proved - It cannot be said beyond reasonable doubt that accused had set deceased on fire - Accused already suffered imprisonment for more than 14 years - Sentence..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 4 years old girl - Accused is below 15 years and offence is committed prima facie with determination, exhibition of maturity and understanding of its consequences - Mother of..........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Criminal Procedure Code, 1973, Section 173, Indian Penal Code, 1860, Section 302 -- Closure report - Murder - Investigation of case remained inconclusive for nearly three long years with investigating agency - It is only when SC ordered that investigation be concluded within 2 months, that suddenly very lengthy investigation closure report is filed - Closure report is..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Assault made on head of deceased with lathi on the spur of moment without premeditation - It is always a question fact in each case whether there was intention to cause death or only knowledge that death was likely to occur - Circumstances, manner of assault, nature and number of injuries will all have to be considered..........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Foreign award - Enforcement of - Foreign awards are not decrees of an Indian civil Court and after it is granted recognition and enforcement u/s 48 of the Act, would be deemed to be a decree of that Court, which has adjudicated upon petition filed u/ss 47, 49 for limited purpose of enforcement ...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused is first offender - He remained in custody for period of about 1 year and 5 months - Keeping in view the nature of offence and other circumstance of case particularly when young lady died and in order to meet ends of justice, sentence awarded to accused cannot be reduced to period already undergone by..........
Indian Penal Code, 1860, Section 468, 471, 420 -- Forging of Matriculation certificate for cheating - Said matriculation certificate declared valid by civil Court and this finding attained finality - Accused rightly acquitted...........
