Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Conviction - Validity - Death of bride by burning within 7 years of marriage - Statement of mother of deceased regarding demand of dowry is general and not specific - No specific incidence has been indicated suggesting cruelty or harassment made by accused - Though allegation of demand of dowry was made none of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Appellants in pursuit of their common intention caused serious injuries to deceased which resulted in his death - It is not necessary for doctor to give a specific report to the effect that injuries were sufficient in ordinary course of nature to cause death - Medical evidence completely corroborates..........
Evidence Act, 1872, Section 32 -- Oral dying declaration - An oral dying declaration can form basis of conviction if deponent is in a fit condition to make declaration and if it is found to be truthful - Courts as a matter of prudence look for corroboration to oral dying declaration...........
Criminal Procedure Code, 1973, Section 378, 386, Indian Penal Code, 1860, Section 302 -- Conviction by Trial Court - Acquittal by High Court - Interference with - Held, if view taken by High Court is reasonably possible view, it should not be disturbed because acquittal of accused by High Court has strengthened presumption of innocence of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of one packet of smack - Reduction of sentence - Accused convicted and sentenced for R.I. 10 years and fine of Rs. 1 lakh and in default of payment of fine to further undergo one year S.I. - Accused remained in custody for 7 years 3 months and 10 days - Accused belongs to SC category and his..........
Prevention of Food Adulteration Act, 1954, Section 7(i), 16(1)(a), 11(3), Prevention of Food Adulteration Rules, 1955, Rule 14 -- Sample of Adulterated milk - Sending sample to public analyst - Food inspector obtained sample of milk from bulk of milk kept in container - Nothing on record to show that before taking sample of milk it was thoroughly mixed by stirring or by..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Unnatural death within seven years of marriage by administering poison - Plea that deceased died due to vomiting and dysentery - Father of deceased failed to state before I.O that lips of deceased turned black/blue when he saw dead body of deceased - Poison not detected from vomiting on chemical examination -..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Misappropriation of money by falsified accounts and forged challans - Accused by way of adducing evidence partly proved that money which was collected through cash counters and received by him were normally handed over to PW1, SDO of Consumer services - PW2 was the person who tendered money as per challans,..........
Indian Penal Code, 1860, Section 477A -- Falsification of accounts - Prosecution though proved that accused was in-charge head cashier of consumer services at relevant time but failed to prove beyond reasonable doubt that it was accused who altered or falsified challans, remittance register, cash book, etc. with willful intention to defraud - Mere writing a challan and..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Though blood stained earth was claimed to have been seized from occurrence place by I.O. it was not sent for chemical examination which could have fixed situs of assault - No steps taken to recover weapons alleged to have been used in occurrence - Accused persons suffered injuries in same occurrence,..........
