Indian Penal Code, 1860, Section 302 -- Recovery of dead bodies at the instance of accused - No other evidence to connect accused with alleged crime - Conviction cannot be sustained...........
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 courts should look for some corroboration...........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Appellant in company with deceased for a considerable time immediately prior to her death - He was seen by PWs. 3 and 4 in between 4.00 and 4.30 p.m. and deceased was found dead at about 4.30 or 4.45 p.m. - No reason why prosecution witnesses would falsely implicate appellant or why they would identify a..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 21 -- Suit against dead person - Defect can be cured by addition of L.R's U.O.22 or U.O.1.R.10 CPC - However, suit against newly added defendants ought to be within time as on the date of their addition...........
Insurance claim -- Accident benefit - AIIMS had given a certificate that the person who had been brought dead had head injuries and it was a case of accident - That should have been sufficient for the LIC to come to a conclusion that death had occurred due to an accident...........
Indian Penal Code, 1860, Section 120B, 364, 302, 34, 394 -- Murder - Gang rape - Four accused - Gang rape, murder and stealing her jewellery and throwing her dead body near pasture land - Husband of deceased when not in house, A1 went on cycle to house of deceased and took her along with him - Deceased was last seen in company of A1 - Dead body of deceased found near..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Sought on the basis of Will as testator was missing for more than 7 years - Held, till a declaration is granted by a Court declaring testator to be civilly dead, petitioner cannot be said having any interest in the property especially when the validity of Will is yet to be established - Application..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 3, 113B -- Dowry death - Cruelty - Suicide within eleven months of marriage - Ill treatment by husband - Mother and other witnesses deposing about ill treatment - Witnesses consistent in their depositions and withstood cross examination - Not proper to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary Party - Declaration regarding civil death - Suit for partition against a person who is missing for more than 7 years - Impleading as party to suit claimed on the basis of Will executed by said person - Execution of Will denied by legal heirs of said person - Till the Civil Court declares a person to be civilly dead..........
Will -- Alleged to be executed by person who is missing for more than 7 years - To be considered, when the Civil Court declares such person to be civilly dead and Will proved...........
