Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused committed murder of four children and a woman with whom he was living as husband and wife - Two children were from the first wife of accused with whom he had divorced and married deceased while projecting himself to be single after changing his name - On the night of occurrence accused took..........
Hindu Marriage Act, 1955, Section 19 -- Divorce - Jurisdiction of Court - Place of last residence - Husband pleaded that parties to matrimony last resided in Dehradun together - This fact denied by wife - Question whether couple last resided in Dehradun not a mixed question of fact and law, which arised out of pleading of parties - Hence, in such circumstances finding of..........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused - Petitioners alleged to have committed offences u/ss 498A, 341, 323 IPC and S.4 of Dowry Prohibition Act - Prima facie allegation against husband and mother-in-law - Allegations against petitioners who are married and unmarried Nanads of informant and younger brother of husband of informant without..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Instigating or aiding - Proof of - Held, abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing - More active role which can be described as instigating or aiding doing of a thing is required before a person can be said to be abetting commission of..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Lawful guardianship - Proof - Accused came to house and represented himself that he was working in factory of her husband and child was called by him - Saying so, he took away child - Father came to know about incident - After searching rushed to police station - Accused arrested and brought to police station - Child..........
Hindu Marriage Act, 1955, Section 9, 13 -- Divorce petition - Restitution of conjugal rights - Petition under Section 13 of the Act filed by husband and petition u/s 9 of the Act filed by wife - Those were not consolidated before concluding the evidence in petition under Section 13 of the Act - Held, learned trial Court has rightly observed that evidence recorded in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ground to stay from the husband - A woman who has been subjected to physical and mental cruelty and who has to face the prospect of living with another woman in the house cannot be expected to co-habit with the husband - No interference warranted in order granting maintenance of Rs.800/- p.m. to the wife...........
Evidence Act, 1872, Section 6 -- Res Gestae witness - Murder case - Star witness, wife of deceased was sleeping next to her husband, when she saw accused inflicting heavy and hard blow on the face of her husband with an axe - Accused related to the star witness - Statement of the wife stands fully proved and corroborated from the evidence of two witnesses who were informed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife staying away because of mental and physical torture - Husband brought another woman into the house without legally divorce - Such a woman cannot be expected to live with the husband - Wife has more than sufficient reasons for refusing to live with husband - Grant of maintenance of Rs.800/- p.m. calls for no..........
Criminal Procedure Code, 1973, Section 397,401 -- Cruelty by husband - Acquittal - Revision against - Power of revisional court - Held, this court while exercising its revisional jurisdiction is not supposed to usurp jurisdiction of an appellate court and re-appreciate evidence on record which is exclusive domain of appellate court - When it is found that learned trial..........