Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Pressing of dog squad into service - Dog squad had been pressed into service as per FIR since names of assailants were not known - Even, at the time when PW1 was admitted to hospital, names of assailants had not been disclosed deliberately and for justifiable reasons - Daughters of deceased `V'..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Murder - Two dying declarations - Contents of both the dying declarations are same - Nothing on record to suggest that police or treating doctors had any animosity with accused - Victim was a young lady who succumbed to burn..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Motive - Bald allegation made by prosecution that sum of Rs.80,000 was taken by two deceased from `B' who was owner of shop where accused was working - However, said amount was not payable or due from accused - No evidence is led by prosecution to show that accused would have..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Last seen theory - Time gap between incident of last seen and time of death is 19-20 hours - Suspicion arises with regard to presence of accused with two deceased or testimony of PW4 about his having lastly seen deceased with accused - Last seen evidence not proved - Accused..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Recovery of spade and bullock - Recovery effected after 3-1/2 months and there is no independent witness to such recovery - Spade otherwise not sent to forensic examination - Specific circumstance with regard to recovery has not been put to accused u/s 313 Cr.P.C - Recovery not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 406 -- Bail - Rape - Live-in-relationship - Keeping in view the nature of offence, evidence, complicity of accused, without expressing any opinion on merits of case, accused has made out a case for bail - Bail application allowed...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of injury - Death of deceased was not caused in the heat of sudden fight - Accused stealthily entered into house of deceased with wooden stick and hit the head of deceased with stone - Postmortem report of deceased shows that heavy grinding stone was used for commission of offence - Accused also attacked..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter between parties amicably settled - Conviction and sentence set aside - Accused acquitted subject to deposit of 15% of cheque amount with H.P. State Legal Services Authority...........
Indian Penal Code, 1860, Section 376D -- Gang rape - A woman can be held guilty of gang rape if she facilitated act of rape with a group of person...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10, 14 -- Local Commissioners Report - Law as to : (i) Court can set aside Commissioners Report if it is totally dissatisfied with the Commission report; (ii) Court can also remit commission report for further inquiry; (iii) Court can also appoint a fresh commission without setting aside the earlier commission report; (iv)..........
