Indian Penal Code, 1860, Section 302, 34 -- Acquittal by trial Court - Conviction by High Court - Appeal against - Motive of strained relations not proved - Alleged injuries by eye witnesses not supported by medical evidence making their presence doubtful - FIR not supported by identification parade - Time of incident doubtful - Doubt of participation of Appellant No.3 -..........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - Concurrent findings - Normal rule is not to interfere with concurrent findings of Courts below - However, in this case there are material contradictions and omissions in the statement of witnesses leading to serious infirmities and improbabilities of prosecution case - Benefit of doubt must be given to..........
Indian Penal Code, 1860, Section 302, 34, 304 Part II -- Treatment of evil spirits - Husband took wife to Sadhus - They beated wife with iron, trishul and chimta - Wife died - Charge of murder - Trial Court acquitted but High Court convicted u/s 304 Part II/34 IPC - Testimony of husband found unreliable - Improvement made in the manner of beating, whether beating was done..........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Appeal against conviction - Circumstantial evidence - Assault on deceased while he was asleep and PWs 4, 5 & 6 were also sleeping with deceased - PW 4, 5 & 6 though had not been able to identify the appellant as the person who assaulted deceased but their evidence established that a naked person fitting description of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13, 13 -- B - Elaborate procedure under the Act providing machinery for adjudication of various disputes has been made available - Any error committed by subordinate authority - Can be rectified by filing appeal or revision before superior authority - Jurisdiction of High Court under Article 227 of Constitution..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B -- Dowry death - Appeal against conviction - Bail during pendency of appeal - Appellant in jail for 10 years and appeal not likely to be heard in near future - There had been total disregard of provision of S.235(2) Cr.P.C. while awarding sentence upon appellant - Appellant deserves to be..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Delay of 15 days in filing the appeal - Appellant's version that he was engaged in the preparation for the exhibition - Certified copy received by a member of appellant's family on 16.10.1998 - Exhibition was to be commenced on 14.11.1998 - Sufficient time for appellant to file appeal in time -..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Sufficient cause - Determination of - Test of a reasonable man in normal circumstances to be applied...........
Lok Adalat -- Award - It is final and binding between the parties - No appeal lies - Objections u/s 151 CPC are not maintainable - However award can be challenged by way of petition under Article 227 of the Constitution allegedly not tainted with Compromise or Settlement...........
Insurance claim -- Complaint decreed by the District Forum - Contention of the appellant-LIC that sum of Rs.1,20,100/- has been paid to the complainant and the complainant is not entitled to the double benefit of the policy as the insured has committed suicide - Record showing that the insured did not commit suicide rather he was murdered - District Forum committed no..........
