Indian Penal Code, 1860, Section 302 -- Murder - Skeletonizing of body within 4-5 days - Occurrence took place in the month of December - At least a weeks' time is necessary for a dead body to be skeletalised even during very hot summer...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - No electricity consumption, in summer months - No evidence to rebut that either meter was dead or that he had gone to a pilgrimage or to some other place, on account of some unforeseen circumstances and thus could not sit in the shop and use the electricity - Tenant ceased to occupy shop..........
Medical negligence -- Xylocanine administered by doctor 'K' when the patient was already under general anaesthesia in the operation theatre - There is nothing before the Fora to show that whatsoever was done by doctor 'K' was as per accepted medical practice or followed by large body of doctors - In the absence of which above medical negligence on account of failure to..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Certain external checks to determine whether FIR was lodged at the time it is alleged to have been recorded are : (1) Receipt of copy of FIR called a special report, by the Illaqa Magistrate; (2) The second external check equally important is the sending of the copy of the FIR along with the dead body and its..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Appellant and deceased last seen together - Appellant providing misleading information regarding whereabouts of deceased - Key of room in which dead body of deceased was found recovered from the accused - Trousers of accused had human blood stains - No explanation regarding presence of human..........
Insurance claim -- Snake bite - Death of insured - Post mortem - Non-conducting of - Certificate issued by the Police Officer after investigation to the effect that the insured died of snake bit - The Village Administrative Officer has also given a certificate to the same effect - The doctor who inquired into the cause of death of the deceased established that the insured..........
Criminal Procedure Code, 1973, Section 156, 36, Constitution of India, 1950, Article 226, 21 -- Murder - Investigation by CBI - Deceased and his wife had drawn the attention of various police stations apprehending threat with dire consequences - Later on he was found dead under unnatural circumstances - Mother and brother of deceased filed petition praying for an..........
Indian Penal Code, 1860, Section 304B, 201, 498A -- Dowry death - Death in suspicious circumstances - Information of death of deceased not given to parents - Dead body was cremated hurriedly - Appellant took a false plea that deceased died of abdominal disease - False explanation given by appellant provided a missing link and completes the chain of circumstances to hold..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Appellant entered house of deceased at the dead of night carrying a lethal weapon - Inflicted four stab wounds on deceased - Delay in lodging FIR explained - Testimony of relation witnesses found trustworthy and reliable - Recovery of blood stained weapon from house of accused - Blood group of deceased was found..........
Last seen theory -- Recovery of dead body after 10 days after the date of which deceased was last seen in the company of the appellant - Not sufficient to convict accused on the basis of such a singular piece of circumstantial evidence...........
