Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 330, 331, 218, 120B, 34 -- Bail - Murder - Custodial death - Offence in question is grave and serious in nature - Accused enlarged on bail within 1-1/2 years of his detention - High Court committed error by granting bail to accused - Order granting bail set aside...........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Allegation that four months old baby was kidnapped and murdered by accused - Missing of child and contemporaneous conduct of accused feigning pregnancy have relevance in terms of S.8 of Evidence Act and subsequent recovery of child who was later on found to be dead seen with..........
Criminal Procedure Code, 1973, Section 125, 128 -- Arrears of maintenance - Default in payment - Auction sale - Proceedings for auction has taken place and sale certificate has been executed by civil Judge in favour of wife - Husband has harassed her legally wedded wife till her death - Wife further executed sale deed in favour of certain persons, husband held, not..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused opened fire in a crowded place i.e. a marriage ceremony without taking reasonable measures for safety which lead to unfortunate demise of deceased - No previous enmity between deceased and accused - Deceased died due to single bullet injury - No intention may be attributed to accused as may..........
Indian Penal Code, 1860, Section 302, 201, 34, Dowry Prohibition Act, 1961, Section 4 -- Murder - Allegation in FIR that accused caused death of deceased by pressing a crowbar on her neck - However, as per evidence of brother of deceased his sister had been assaulted and done her to death and dead body was cremated - No evidence on record as to from which source brother of..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Accused drove the lorry in a rash and negligent manner and dashed against deceased who was sitting on a chair in front of her house resulting his death - PW1/eye witness of incident was in the verandha at the time of incident and accident occurred in front of her house - There is no material on record to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - In a case of death due to consumption or administering of poison or insecticide or pesticide, be it homicidal or suicidal, recovery of the trace of such poison or insecticide or pesticide is crucial...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - Post-mortem examination report indicated multiple injection marks over the front of both the elbows of deceased - However, quantity of the poison in the viscera of blood of deceased was not mentioned in the FSL report - Doctors who had treated the deceased in the first nursing home and later..........
Civil Procedure Code, 1908, Section 50 -- Legal representative (LR) - Death of JD - Any decree which is relatable to the extent of property of deceased which has come to the hands of LRs and has not been duly disposed of, same would be liable for execution by a DH so as to compel LRs to satisfy decree - Even the decree for preventive injunction can also be executed against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR has been lodged after due deliberation and at the instigation of inimical parties in the village - No direct evidence or eye witness of the incident - Chain of incriminating circumstances against accused not complete - Accused was not last seen in the company of deceased..........
