Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Plaintiff claims that he being adopted son of deceased is entitled to half share of suit property - Son and widow are class-I heirs of Hindu male dying intestate - Since there has been a valid adoption, mere fact that after death of deceased, plaintiff started residing with his natural..........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Allegation that accused/second wife burnt first wife and her two children in order to remove them from her marital life with A-2 - However, if she was responsible for such act, would not she have closed the door after coming out of house to ensure that deceased does not come out -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of father by son - Three dying declarations - Eye witness to incident categorically deposed about accused pouring kerosene on her and also on deceased and setting him on fire - Three dying declarations were recorded by Magistrate, Assistant Sub-Inspector of Police and Inspector of police..........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Conviction can be recorded solely on the basis of a dying declaration or even on basis of an oral dying declaration - However, such dying declaration should be free from any doubt and must pass scrutiny of reliability...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two oral dying declarations - Murder - Deceased in his first dying declaration stated nobody's name and number of persons who were involved in commission of crime is stated to be two - Whereas, in second dying declaration, name of accused was taken with three more unknown persons - There is thus,..........
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 306, Evidence Act, 1872, Section 32 -- Abetment of suicide - Dying declaration of deceased shows that deceased was hypersensitive in nature - Therefore, it would not be appropriate for Court to punish or convict accused for doing offence u/s 306 IPC...........
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 -..........
Hindu Succession Act, 1956, Section 15(1)(A) -- Property of female Hindu dying intestate - Succession - Husband of deceased is the only person who can be included in Class I of Scheduled to the Act, thus, entitled to her property - Turn of mother of deceased as legal heir can arise only in absence of class I heirs - Legal heirship certificate to the extent it includes..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Multiple dying declarations - Murder - Allegation against husband and sister-in-law - Deceased initially named her husband alone as person who set her on fire - There is no reference to sister-in-law in this statement or any demand for dowry - Subsequently, deceased stated that she had been..........
