Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Abnormal/insane behaviour of accused at the time of assault and immediately thereafter is worth notice - Star witness of prosecution stated that accused was fond of deceased and he loved deceased a lot - When accused was arrested, PW14 medically examined him and found that he appeared to..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Accused allegedly surrounded deceased and her daughter-in-law in a pre-planned manner with a pre-determined mind to assault them - Nature of injuries caused to head of deceased with deadly weapons prove that they had assembled with common intention and not merely to threaten her or to deter her from practicing..........
Evidence Act, 1872, Section 45 -- Expert opinion - Of private expert - FSL view, to whom the document was sent for opinion, opined that necessary comparison would not be possible unless further documents containing signatures of deceased are placed before FSL - Sending documents again to a private expert would not serve any purpose - Application rightly dismissed...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Long time gap between alleged last seen and recovery of body - Whether the deceased had in fact gone with accused after which his dead body was found had not been proved - There is no definitive evidence of last seen and also the fact that there is a long time-gap between..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Deceased/wife was staying separately from accused/husband from 2021 and had been taking treatment for anxiety and depression - Demand of dowry was not stated to be a stressor or trigger for her said medical issues as shared by her with treating doctor - Moreover,..........
Employee's Compensation Act, 1923, Section 3 -- Accident - Compensation - Deceased was on the roll of employer - Commissioner neither returned any findings in respect of validity or invalidity of license of deceased nor was it one of questions framed by Commissioner for consideration - Court below erred in making observations in that regard - No perversity could be..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302, 307 -- Fine - Murder - Considering conduct of accused and financial damages suffered by victim's family, two deceased and injured, damages of Rs.10 lacs each awarded to legal heirs of two deceased for an offence u/s 302 IPC - Amount of fine as awarded u/s 307 IPC of Rs.5 lacs would be..........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 302, 307 -- Compensation to victim - Murder - Considering conduct of State who did not conduct the case fairly and also trauma and harassment faced by victim's family, in addition to compensation awarded u/s 357 Cr.P.C, further compensation u/s 357-A IPC is to be awarded - State directed to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Even in the absence of definite proof of income, social status of deceased is to be kept in perspective where such persons are employed in unorganized sector and notional income in any event is required to be taken into consideration...........
