Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of two minor girls - Circumstantial evidence - Accused last seen with deceased - Recovery of dead body and frocks of both the deceased at the instance of accused - Clothes of accused were stained with blood group `A' which is blood group of both the deceased - Also blood in nail clippings of accused was of `A'..........
Last seen theory -- Comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible - Even in such a case the courts should look for some corroboration...........
Consumer Protection Act, 1986, Section 13(1)(c), Evidence Act, 1872, Section 165 -- Soft drink - Allegedly contained dead lizard - It was seen with the assistance of magnifying glass and creeping gauge and State Commission came to the conclusion that bottle was tampered with and it has been produced before the Court by putting lizard inside bottled - Complainant refused to..........
Will -- Execution - Proof - When no attesting witnesses found - In a case where attesting witnesses are either dead or out of jurisdiction of Court or kept out of the way by the adverse party or cannot be traced despite diligent search - In that event Will may be proved in the manner indicated in S.69 of Evidence Act by examining witnesses who were able to prove the..........
Criminal Procedure Code, 1973, Section 320(4)(b) -- Legal representative is competent to compromise on behalf of the dead person...........
Criminal Procedure Code, 1973, Section 320(4)(b) -- Compromise by L.R. - Conviction u/s 324 IPC - Injured died - His wife compromised the matter with accused - Compromise was with their free will and without any pressure - Held, that u/s 320 Cr.P.C. L.R's of deceased person can compromise on behalf of dead person - Compromise accepted - Accused acquitted...........
Electricity bill -- Electric meter dead - Respondent had lodged complaint against the working of meter - It was duty of the appellants to get it tested from the M.E. Lab or it should have been sent to the Chief Electrical Inspector for its analysis and examination - The appellants have not proved any foul act on the part of respondents to make one phase of the meter dead -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Death due to strangulation - Extra judicial confession made by appellant to two PWs - Jewellery which had been put on by the deceased produced by appellant - Dead body was recovered at the instance of appellant which was that of deceased - Held, that in strangulation cases fracture of hyoid bone is..........
Insurance claim -- Cows death - Repudiation of claim - Due intimation was given by respondent No.1 complainant to the appellant - Insurer and to the financier respondent No.2 on the day of death of cows - The cows were duly examined by Surveyor of the Insurer and these were subjected to post - mortem examination and it was reported that these dead cows were the same which..........
Indian Penal Code, 1860, Section 302, 34 -- Triple murder - Dead body of wife of PW1 found in naked condition in her house and another person and his wife also found murdered in their house nearby - Circumstantial evidence - Eight circumstances proved which made a complete chain of circumstances, leaving no room for doubt that it was accused who was directly involved in..........
