Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Accused and deceased used to reside in the same house - Burden to prove factum of death of deceased cannot be shifted on shoulders of accused unless prosecution first of all discharges its burden by proving the fact that at the time of alleged occurrence or at the time when..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of one `N' during pendency of suit - During pending of application for substitution `I' one of the L.R's of `N' died - Limitation to file application for substitution of L.R's of `I' will start to run from the day when application for substitution of L.R's of `N' was allowed...........
Indian Penal Code, 1860, Section 302, 34, 324 -- Murder - Accused had come prepared with lathi along with others who had carried toka, axe, gandasi - This fact is corroborated by fact that blood smeared lathi was recovered from possession of accused - Evidence establishes participation of accused in commission of offence with co-accused - Accused was the first one who..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No premeditation on the part of accused to cause death of deceased - However, since deceased assaulted accused 2-4 times before 2 hours of incident, accused who was in intoxicant condition assaulted deceased on his chest by which he suffered grievous injuries and died - There was intent and knowledge..........
Will -- Joint Will or mutual Will - Death of one of testators - Property left out by deceased testator included in Will alone would stand bound by disposition made therein - It would not operate as against property of other testator who is alive till his/her death - Surviving testator will have every right to deal with property till his/her death irrespective of whether..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment - There was no pre-mediation to cause death of deceased - Accused having realized his mistake had thereafter taken immediate steps to shift his wife/deceased to hospital but unfortunately she breathed her last - Accused liable to be convicted u/s 304(Part II)..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
Indian Penal Code, 1860, Section 376, 302, 449, 201 -- Rape - Murder of victim and her son - Circumstantial evidence - Motive - Allegation that accused committed rape of his sister-in-law and in order to avoid any disclosure of offence by victim he committed murder of his sister-in-law and her son - Dead bodies of both the deceased were thrown in dam which were recovered..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Accused acquitted u/s 306 IPC - Mere fact that deceased died unnatural death could not be sufficient to bring home charge punishable u/s 201 IPC unless prosecution was able to establish that accused persons knew or had reason to believe that an offence has been committed and have done something causing offence..........
Indian Penal Code, 1860, Section 302, 307, 186, 353, 120B, 121, 121A, 216, 201, 420, 471, 474, 34, Arms Act, 1959, Section 25, 27, 54, Explosive Substances Act, 1908, Section 4, 5 -- Murder - Death sentence - Review - Involvement of accused in the crime is proved on record - Even, disclosure statement was held to have been proved by Courts below - Nothing on record which..........
