Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Double murder case - Evidence of PW3 - PW3 stated that he had seen accused and other accused coming out of his house with blood stained clothes and they proceeded towards house of accused - Witness has reiterated the same in his cross-examination - A blood stained lock and key also recovered on..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Double murder case - Evidence of injured witness/PW2 - PW2's throat was slit in the occurrence causing loss of voice requiring hospitalization for two months - She was a minor student witness aged about 13 years - Presence of PW2 at the place of occurrence and injury caused during occurrence..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by burning - No material on record to prove that assault was under grave and sudden provocation - Even, conduct of accused in absconding for 3 months from date of occurrence was contrary to normal human behavior and belies his claim of innocence - Moreover, plea of any burn injuries on the hands of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death by burning - Wife met a homicidal death inside matrimonial home - Accused fail to explain how deceased met a homicidal death inside her house - Accused failed to discharge onus u/s 106 of Evidence Act - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Death by burning - Three dying declaration - Deceased stated against accused for setting her on fire in third dying declaration - Said fact was recorded by Special Judicial Magistrate who proved the same - Doctor who certified the fitness was present during the same and has..........
Indian Penal Code, 1860, Section 417 -- Cheating - Prosecution has established by evidence of PW1 that accused induced her to have sexual intercourse with him by falsely promising her that he will marry her - Accused rightly convicted u/s 417 IPC...........
Indian Penal Code, 1860, Section 313 -- Causing miscarriage without woman's consent - Doctor stated that consent of PW1 was taken before aborting her fetus - Ingredients of S.313 IPC held, not established by prosecution - PW1 when brought to hospital was already bleeding and had lower abdominal pain and there was nothing in evidence to connect that act with accused -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 307 -- Discharge - Attempt to murder - Long pending dispute between parties - Allegation against seven persons of having caused injuries to injured who are two in numbers - None of injuries caused on vital part of body of victim - Intention to cause death is thus, missing - Accused rightly..........
Indian Penal Code, 1860, Section 211 -- Offence u/s 211 IPC - Complaint qua alleged offence can only be filed by Court in writing, as offence u/s 211 IPC falls u/s 195(1)(b)(i) Cr.P.C - Petitioner thus, cannot be prosecuted in a complaint filed by SHO of Police Station who is a public servant...........
Limitation Act, 1963, Section 14 -- Scope - Conditions for applicability of the provision are : (i) that plaintiff was prosecuting another civil proceedings with due diligence; (ii) earlier proceedings and later proceedings relates to same matter in issue (iii) former proceeding was prosecuted in good faith in a Court which from defect of jurisdiction or other cause of..........
