Indian Penal Code, 1860, Section 302, 34 -- Murder - Allegation against husband of deceased - Cause of death was asphyxia resulting of throttling and death was homicidal in nature - Deceased was residing with accused under same roof and her dead body with injuries on her neck was found in verandah adjacent to their bedroom - No explanation given by accused except plea of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Delayed FIR - Murder - All male members of family of deceased were injured in the incident - Deceased was in a serious condition - Priority for complainant party and police was to provide him immediate medical aid and not to lodge report - Report lodged after death of..........
Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Accused formed an unlawful assembly with common object to cause death of deceased and in furtherance of common object injuries were inflicted to deceased and other family members - All members of unlawful assembly acted in furtherance of common object to cause death of..........
Indian Penal Code, 1860, Section 449, 459 -- Nature of offence - Accused entered into house of complainant for the purpose of or with intention to cause death of deceased for which death is also one of sentence - It is not the case of prosecution that accused entered into the complainant's house after taking precaution to conceal their entry into it - Entry or departure of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Dying declaration not proved on record - Presence of accused at the place of occurrence also not proved as he had gone for work - Accused was not absconding and in fact I.O himself stated that accused appeared and identified himself - I.O accepted that he failed to conduct inquires and investigate the..........
Power of Attorney Act, 1882, Section 1A, 2 -- Power of Attorney - By more than one principal - Death of one or some of them - No distinct interest of the deceased - Power of Attorney would terminate qua the deceased principal only...........
Indian Penal Code, 1860, Section 302 -- Death by suicidal hanging - Medical evidence shows that laceration injury as shown in post-mortem report was injury caused by hitting some object while bringing the body of deceased down - Even otherwise except the ligature marks, abrasion and laceration there was no other external injuries, no mark of struggle and no other evidence..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Death by burning - Deceased sustained 87% burn injuries - Deceased made no allegation against anyone in her first dying declaration recorded by doctor - However, in second dying declaration recorded before Magistrate deceased accused her husband of pouring kerosene oil on her..........
Indian Penal Code, 1860, Section 498A -- Dowry death - Charge u/ss 3, 4 Dowry Prohibition Act not framed - If there was no demand of dowry and charge in this respect was not framed then offence u/s 498-A, IPC can also be not taken as proved...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died by consuming poisonous substance - There was no demand of dowry as charge regarding this not framed - Offence u/s 498-A IPC can also not taken as proved against accused - Moreover, accused tried to save deceased and he himself had taken the deceased to hospital - In the absence of specific..........
