Indian Penal Code, 1860, Section 302, 394, 201 -- Male dead body found lying in ditch - Circumstantial evidence - Evidence only of recovery of identity card and photocopy of driving licence of deceased from house of accused - Recovery made after 16 months - No evidence of last seen - Dead body not identified - No identification parade conducted of accused - Links scattered..........
Indian Penal Code, 1860, Section 304 -- Culpable homicide - Accused husband attacked victim, grabbed her and tried to kill by striking her with a razor - Statement of victim consistent on assault and secured corroboration from the statements of her lawyer and his clerk, who were post occurrence witnesses - According to doctor, if the victim patient was unattended for some..........
Indian Penal Code, 1860, Section 84 -- Act of a person of unsound mind - Murder - On the date of incident accused indiscriminately wielded axe blows on his family member including children and women and he did not even made attempt to hide weapon used for committing the offence - No motive on the part of accused to kill his bhabi or his brother's daughter and also one of..........
Probation of Offenders Act, 1958, Section 4, 6, Indian Penal Code, 1860, Section 364 -- Probation - Conviction of accused u/s 364 IPC and awarded sentence of 5 years RI - Offence u/s 364 IPC is punishable with imprisonment for life - Accused is not entitled to be released on probation of an offence punishable with imprisonment for life - Petition dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Seizure of contraband - Contraband weighed by taking weighing scale from nearby shop - Owner of shop not called during trial - Weighment scale not produced - Held, weighment is not properly proved - Accused should be treated as an offender for the smallest quantity - Conviction u/s 20 (b) (ii) (C)..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused assaulted complainant party and killed deceased and caused grievous injuries to others by sharp edged weapon - Motive which actuated to commit alleged offence was the dispute between accused person and complainant party with regard to `Med' between their two fields - No explanation furnished about injuries on the..........
Criminal Trial -- Handwriting expert evidence - Held, uncorroborated evidence of a handwriting expert is an extremely weak type of evidence and same should not be relied upon either for conviction or for acquittal...........
Medical negligence -- Compensation - There is enough evidence on record that the Respondent who was not qualified doctor in Allopathic Medicine in contravention of law gave an injection to the Petitioner's wife, because of which she became unwell and eventually expired - Respondent also undertook to bear all the medical expenses for her treatment - Conviction of..........
Criminal Procedure Code, 1973, Section 195 -- Mandatory in nature - Is an exception to Section 190 CrPC which says that any person can set the law in motion by making a complaint - To make Section 195 applicable, there has to be a complaint by public servant whose lawful order has not been complied with - In the absence of such a complaint, trial and conviction will be..........
Electricity Act, 2003, Section 135 -- Theft of electricity - Accused took illegal connection for 11 Halogen lights for organizing cricket tournament - No investigation was done - Whatever was stated by officials of the Electricity Board was accepted on face value in registering case - Held, conviction of accused and imposing fine to the tune of Rs.26, 68, 198/- not proper...........
