Indian Penal Code, 1860, Section 201 -- Causing disappearance of evidence - Removal of dead body at the instance of the main accused who is the husband of the deceased whose dead body was alighted from the taxi and was placed on the side of main road wherefrom it was ultimately recovered - Does not tantamount to causing disappearance of evidence, particularly when the main..........
Corpus delicit -- Need not be proved - Discovery of dead body is a rule of caution and not of law - In the event, there exists strong circumstantial evidence, a judgment of conviction can be recorded even in absence of the dead body...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by poisoning - Deceased neither taken to a doctor nor any doctor called to examine her - Any kind of medical treatment also not given to deceased - It is a extremely unnatural human conduct - Dead body secretly and clandestinely cremated causing disappearance of evidence of offence without even intimating the..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion and cruelty - Divorce petition by husband - Husband side made a factually incorrect averment at the time of betrothal ceremony about the professional placement of the groom whereas husband is unemployed till date - Misconceived grievance of husband regarding her visit to the house of a neighbour - Husband filed..........
Consumer Protection Act, 1986, Section 13(4)(iii) -- Insurance claim -Affidavit - Evidentiary value - Affidavits sworn on oath before a Notary that no amount was paid towards fare - The vehicle was lent to the persons on humanitarian grounds for taking dead body of their relatives - The affidavit will have precedence over the statement recorded by the police - Record of..........
Indian Penal Code, 1860, Section 300 -- Murder - 'Corpus delicti' means the 'body of crime' or the material substance upon which the criminal act was committed - Recovery of dead body is not very material but the death of the person alleged to have been killed by accused, must be proved...........
Evidence Act, 1872, Section 107, 108 -- Provisions of Ss.107 & 108 of Evidence Act do not by itself declare a person to be alive or dead - This finding is to be arrived in a duly constituted suit and upon shifting of burden of proof in one contingency or the other the Court is to give such a declaration and/or finding...........
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...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Second bail application - Murder - Victim shot dead - No evidence against applicant to prove his involvement - No avert act attributed to applicant in commission of crime - Order refusing application for bail on an earlier occasion does not necessarily preclude another on a later occasion giving more material, subsequent..........
Indian Penal Code, 1860, Section 201, 34 -- Gun shots - Deceased injured - Deceased brought on cot to village - Accused snatched away deceased alongwith cot at gun point - Dead body found in open field - Deceased was whether dead or not at that point of time is not of much importance - Question is whether appellant had requisite knowledge of commission of offence or had..........
