Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Last seen evidence - Prosecution has established that deceased and accused left the house of PW5 together and soon thereafter death of deceased had occurred - Burden to show as to what happened after leaving house would shift on accused in view of S.106 of Evidence Act - However, accused have utterly failed..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Death sentence - Accused persons have no criminal antecedents - They have not acted in a brutal manner, inasmuch as there is only single injury inflicted on both the deceased - Case cannot be considered to be rarest of rare case - Capital sentence commuted to life imprisonment...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - PW6 stated that deceased came to police camp in injured condition and told them accused persons assaulted him - However, PW7 stated that victim had only named accused `B' - Police officers are disinterested witnesses - However, their version with regard to the..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Multiple dying declarations - Written dying declaration recorded by Doctor implicates accused - However, oral dying declarations made before PW6 and PW1 implicates her father-in-law - When there are multiple dying declarations and contents of incriminating dying declaration appear to be an..........
Indian Penal Code, 1860, Section 307, 323, 341, 447, 34 -- Attempt to murder - Parties are closed relatives and are in joint possession of agricultural field - Incident occurred suddenly on a trivial issue - There is no premeditation - Accused party allegedly made assault over complainant party as a consequence of which victims received injuries - Medical evidence shows..........
Indian Penal Code, 1860, Section 302, 325, 34, 149 -- Murder - Testimony of two injured/eye witnesses - Serious doubt as to whether PW1 and PW2 had really seen the accused assaulting deceased with the blunt edge of spade - Prior enmity between these two eye witnesses and accused - Three independent eye witnesses whose statements were recorded not examined by prosecution -..........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 4 -- Arbitral award - Setting aside - Application filed after expiry of 120 days - Benefit of S.4 of Limitation Act - Prescribed period of 3 months for filing application u/s 34(3) of 1996 Act has already expired - Discretionary period of 30 days u/s 34(3) Proviso of 1996 Act falls on a..........
Arbitration and Conciliation Act, 1996, Section 34(3), General Clauses Act, 1897, Section 10 -- Arbitral award - Setting aside - Applicability of S.10 of 1987 Act - Limitation Act is applicable to arbitration proceedings - Benefit of S.10 of 1897 Act therefore not applicable to arbitration proceedings, as said provision specifically excludes its applicability to any act or..........
Arbitration and Conciliation Act, 1996, Section 34, 43, Limitation Act, 1963, Section 4 -- Arbitral award - Setting aside - Applicability of Limitation Act - S.43(1) of 1996 Act specifically provides that Limitation Act apply to arbitrations as it applies to proceeding in Court...........
Indian Penal Code, 1860, Section 376(2)(D), 506, 34 -- Rape - Incriminating evidence not put to accused in their statement recorded u/s 313 Cr.P.C. - Same cannot be considered by Court - Judgment of acquittal set aside - Matter remanded...........
