Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Injuries were inflicted by blow of lathi which cannot be said to be deadly weapon - Deceased died due to single fatal injury - Therefore, even if it is a case of single blow of lathi and accused knowingly made a single blow that it was likely to cause death, it would be a culpable homicide not..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Modification of sentence - Conviction u/s 302 IPC modified to conviction u/s 304(Part II) IPC - Accused was 22 years of age at the time of incident and deceased was 60 years of age - Sentence of life imprisonment as awarded to accused u/s 302 IPC modified to imprisonment of 10 years with fine..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Re-marriage of spouse is not a relevant factor to be taken into account in deciding merits of application filed for setting aside ex parte decree of divorce...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Re-marriage of husband who obtained ex parte decree of divorce will not render application to set aside ex parte decree filed by wife infructuous - Since wife filed application U.O.9.R.13 CPC immediately after husband obtaining ex parte divorce, Court below rightly set..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - I.O admitted in her cross-examination that none of witnesses examined during investigation stated that husband and wife were present together in house on the fateful night - Prosecution failed to lead convincing evidence to even prima facie show that accused had any..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that accused humiliated his wife on account of demand of dowry is not substantiated by evidence available on record - Accused convicted on the basis of totally baseless conclusions drawn by trial Court, which is erroneous - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 397(2), 228 -- Revision - Framing of charge - Order of framing of charge or that of discharge is neither interlocutory nor final - Order does not attract bar of S.397(2) Cr.P.C - Revision against order framing charge is maintainable...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - At the stage of discharge/framing of charge, Judge is merely required to shift evidence in order to find out whether or not there is sufficient ground for proceeding against accused...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Does not mean that accused is guilty, it only implies accused may be guilty...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Revisional Court has to only consider correctness, legality or propriety of any finding inter se an order and as to regularity of proceedings of any inferior Court...........
