Interpretation of Statutes -- Principles and Rule of harmonious construction - (i) Duty of Court to avoid head-on clash between two sections of Act and to construe the provisions which appeared to be in conflict with each other in such a manner as to harmonise them - (ii) The provisions of one section of a Statute cannot be used to defeat the other provisions unless the..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Suicide by wife - Dead body cremated by parents and relatives of deceased - No report lodged with police - It was husband who gave information to police - Subsequently allegations by parents that deceased was harassed due to dowry not believed - Conduct of family members of deceased assumes importance - Conviction set..........
Indian Penal Code, 1860, Section 304B, 306, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Suicide by married woman within one year of marriage - Evidence of close relatives that she was subjected to physical violence and mental harassment soon before death for not bringing full amount of promised dowry - Evidence of prosecution supported by inquest panchanama..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased found in the field - Informant (PW5) not eye-witness of the occurrence - Star witness (PW3) of prosecution kept in custody in connection with murder of deceased - Answer given by PW3 evasive - Prosecution failed to explain as to under what circumstances PW3 after his arrest in the capacity of offender..........
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, 34 -- One accused caught hold of deceased and another accused inflicted injuries on victim - Victim declared dead when brought to hospital - Conviction set aside by High Court - FIR corroborated by medical evidence - Doctor opined that injuries were sufficient to cause death in ordinary course of nature - Two eye witnesses not examined..........
Indian Penal Code, 1860, Section 498A, 302, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Murder of wife by strangulation - Accused hanged her dead body with a saree to a rafter to screen offence committed by him - Case of prosecution that husband and in-laws subjected deceased to cruelty on ground of dowry - Appellant actually caused death of his wife under..........
Consumer Protection Act, 1986, Section 13 -- Procedure - Soft drink -Complaint alleging presence of dead fly in sealed bottle of soft drink filed after 2 months and 13 days from the date of the purchase of the bottle - OP took objection to the authenticity and genuineness of the bottle containing dead fly - Duty of District Forum to have ensured prompt action for sending..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - To make it a case of rape and murder accused after throwing dead body in jungle, disfigured face and slit neck with knife and took away clothes - False explanation of deceased given by accused - Accused not discharging burden to prove facts within his special knowledge - Conclusion that accused killed his wife is..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Dead body found buried in sand - Medical opinion that body was decomposed and almost a skeleton and not at all possible to identify the body - Identification of body by brother of deceased not possible when deceased had left home about 15/16 years before his death and he was not aware of his whereabouts - This witness..........
