Indian Penal Code, 1860, Section 324, 326, 307 -- Nature of offence - Prior property dispute between parties - Sudden fight between family members - Accused persons did not carry any weapons with them - During fight, accused have taken iron rod lying near scene of occurrence and had attacked injured - A1 and A2 caused grievous injury to injured `M' and caused simple..........
Will -- Retiral benefits - Testamentary disposition - Guiding principles are : (a) An employee has no power of testamentary disposition with respect to something which was not payable to him during his lifetime; (b) If the qualifying event/benefit occurs only on the death of the deceased while he is in service and due to this, some monetary benefits accrue, it would not..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased and accused purchased liquor and after consuming the same, heated altercation took place between them and in the heat of passion accused assaulted deceased by fist and kicks and in the incident deceased sustained injuries on vital organs - Accused had no intention to cause death or inflict..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance to widowed daughter-in-law - Daughter-in-law along with her minor daughter continued to stay with her i, laws/petitioners even for some period after death of her husband - She was subjected to domestic violence at the hands of petitioners - House where petitioners are now residing..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death penalty - Mitigating factor - Post conviction severe mental illness is a mitigating factor that appellate Court in appropriate cases, needs to consider while sentencing an accused to death penalty...........
Indian Penal Code, 1860, Section 363, 376, 302, 201, 84 -- Kidnapping, rape and murder of two minor girls - Death sentence - Mitigating factor - Post conviction severe mental illness - Accused after committing rape and murder of victims threw body of victim No.2 into well and concealed body of victim No.1 - He has been reeling under bouts of some form of mental..........
Evidence Act, 1872, Section 32 -- Dying declaration - Oral statement made by deceased to her father in Three wheeler in presence of her husband, just an hour before her death, would fall u/s 32 of Evidence Act, relating to cause of her death and would be admissible...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of husband of deceased about deceased receiving injuries on her body with Churra (weapon of offence) outside jhuggi stands corroborated by post mortem report, doctor's subsequent opinion and FSL report - No contradictions in testimonies of husband and father of deceased - Husband of deceased is thus, a natural..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between side of deceased and accused person relating to one woman - Accused inflicted stab wound in the abdomen of deceased resulting in his death - Only one stab injury found on the abdomen of deceased - Accused immediately went away from place of occurrence without giving any further blow -..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Nature of offence - Single fist blow given by accused to deceased - There is no allegation of repeated blows on any part of body of deceased or even use of weapon by accused - Element of intention to cause death is conspicuously missing - Even knowledge of causing such injury which is likely to cause death also cannot..........
