Indian Penal Code, 1860, Section 302, 452 -- Murder - Time of death of deceased - Prosecution stated that deceased died on spot owing to injuries - Doctor besides stating that time between death and postmortem was within 10 hours has also deposed that time between death of deceased and injury was within 5-10 minutes, thereby supporting prosecution witnesses - No doubt..........
Evidence Act, 1872, Section 32 -- Dying declaration not reliable for the reasons : (i) Narration of events in the dying declaration is so accurate, that even a witness in the normal state of mind, cannot be expected to depose with such precision; (ii) Injured victim was an illiterate old person and it appears beyond human probabilities that she would have been able to..........
Indian Penal Code, 1860, Section 304(Part II), 323, 325, 34 -- Nature of offence - Sudden fight between parties - Only bamboo was used during said fight and it was accused who allegedly gave blow on head of deceased by a lathi like object - No deadly weapon was used by accused - Nature of weapon used during said fight goes to show that assailants might not have any..........
Nominee -- Right of nominee arise only after death of employee - During life time of employee neither nominee nor any other sharer has any right over retirement benefits...........
Service -- Compassionate appointment - Mere death of an employee in harness does not entitle his family to such source of livelihood - Authority concerned has to examine financial condition of family of deceased and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - There is no element in evidence of prosecution that accused used to torture his wife only with intention to drive her to commit suicide - None of independent witnesses has supported version of prosecution that accused used to torture deceased -..........
Indian Penal Code, 1860, Section 302 -- Murder - Cause of death was head injuries - Eye witnesses supported prosecution case - Accused were carrying the weapons and thus, incident was apparently perpetrated in a well planned manner with full preparation - Intentional gandasi and Sariya blow which was inflicted on head of deceased was without any provocation etc. - Using..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of one of plaintiffs - Substitution of LRs - Husband of deceased plaintiff not willing to join - Interest of minor children of deceased plaintiff allowed to be protected - Maternal grandmother of children directed to be taken on record as plaintiff and husband of deceased plaintiff as defendant...........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Cruelty - Death by burning - Deceased after the incident and while she was in hospital made multiple statements - Contradictions were found in statements of deceased - First statement made by deceased supported defence case and was contrary to case set up by prosecution was suspiciously not brought..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Death within two months of marriage in matrimonial home - Deceased committed suicide soon after her brother had left house - Cause of death was asphyxia due to hanging - There is cogent and convincing evidence to show that deceased was not in company of her husband or her brother-in-law just before the..........
