Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Medical evidence adduced on record by prosecution does not indicate towards sexual intercourse, if, any committed by accused - Even, contradictions suggests that story put forth by prosecution is not at all trustworthy and at no point of time prosecutrix was subjected..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Conviction - Accused found guilty of two murders and sentenced to undergo 30 years of imprisonment with fine of Rs.3 Lakh - Appreciation of evidence - High Court after taking note of testimony of eye-witnesses recorded brief description of depositions of these witnesses - Furthermore, Court also taken note of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Finding of High Court based on appreciation of evidence that it was accused alone and no one else who fired a bullet from his revolver within a short range to deceased which caused his death immediately after the incident - Prosecution thus, able to prove its case beyond..........
Indian Penal Code, 1860, Section 302 -- Murder - Death caused by beating - Appreciation of evidence - Fight between husband and wife - Statement recorded including confession of accused shows that husband assaulted deceased with a stick after heated altercations between them at spur of moment - No intention to cause death of deceased as fight was not premeditated and act..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Evidence Act, 1872, Section 3 -- Murder and rape of 3 years child - Appreciation of evidence - It is evident that just before the recovery of dead body of the victim, accused was lastly seen with the deceased and said fact has been corroborated by number..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113 -- Dowry death - Conviction - Appreciation of evidence - It is established on record that deceased and her sister were harassed for not bringing motor cycles in dowry - Statement of accused before Panchayat that harassment will continue, if demand is not fulfilled is against accused - Fact that..........
Indian Penal Code, 1860, Section 302, 364 -- Murder - Conviction - Appreciation of evidence - No evidence on record to connect accused P and R with crime except the statements of main accused M and complainant B - Statement of B are not sufficient for recoding the findings of conviction - M being accused, his statement alone cannot be read against co-accused -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has no jurisdiction in second appeal to interfere with finding of fact given by first appellate Court based upon appreciation of relevant evidence...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Concurrent findings - Appreciation of evidence - Suit for recovery of money - Trial Court clothed with jurisdiction to try the suit decreed the suit on appreciation of evidence - Subsequently, appellate Court also examined the matter de novo and fully concurred with the findings and conclusions of trial..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Appeal against conviction - Conviction of accused based upon evidence of injured and diary statement recorded from deceased by I.O. - Even, statement of deceased strengthened by medical evidence of PW4 - Conviction of accused u/s 324 IPC based upon proper appreciation of oral evidence - Accused rightly..........
