Indian Penal Code, 1860, Section 323, 324, Probation of Offenders Act, 1958, Section 4, 12 -- Offence u/s 323, 324 IPC - Benefit of probation - Appellants are facing trial since last 25 years and at the time of incident they were very young - They are not habitual offenders and are not previously convicted - Benefit of probation given to appellants - Appellants released -..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Suicide note - Deceased was under immense pain and suffering in her matrimonial home - Suicide note proved to be in the handwriting of deceased - There was evidence of cruelty perpetrated by accused upon deceased and there was close nexus or inter connectivity inter se perpetration of cruelty..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Death by burning - 100% burn injuries - Plea that lamp had fallen on mattress on which deceased was sleeping and she caught fire and was completely burnt - It is improbable that a person as a resulting of falling of a lamp on the mattress could be reduced to the status of 100 per cent burns - Even if she was..........
Indian Penal Code, 1860, Section 302 -- Murder - Statement of eye witness u/s 161 Cr.P.C. - Statement of eye witness in statement u/s 161 Cr.P.C. that one blow was caused to accused - Medical evidence showing 12 injuries - Witness not confronted with his previous statement - Held, as witness was not confronted with the portion sought to be relied by accused, same cannot be..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses - Testimony of eye witnesses is free from any blemish of contradictions, improvements and discrepancies - These witnesses are truthful and aspire confidence of Court - Medical evidence duly corroborates the ocular evidence - Prosecution proved its case beyond reasonable doubt against accused - Conviction..........
Indian Penal Code, 1860, Section 436 -- Mischief by fire - Setting complainant's hut on fire - Rivalry between parties - Unsatisfactorily explanation of delay of 2 days in lodging FIR - Contradictions and omission in the evidence of PWs and other examined witness turned hostile - Match box and kerosene cane not recovered - Held, on the sole count of unexplained delay of 2..........
Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - Appeal against conviction - Accused facing trial from the last 26 years - They are first offenders and now are old aged persons - However, looking into the fact that injured lost her vision, it is not proper to acquit or release accused on probation - However, ends of justice would be met if sentence of accused..........
Indian Penal Code, 1860, Section 396, Evidence Act, 1872, Section 9, 3 -- Dacoity with murder - Test identification parade - Mere identification of dacoits in TIP is not substantive evidence - Conviction of accused persons solely on oral testimony of prosecution witnesses and identification by them in TIP held, improper - Accused acquitted...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Dying declaration - 42% burn injuries - Death occurred after 1-1/2 months of burning - None of the PWs had seen the occurrence - Time of burning of deceased not proved - Evidence on record shows that deceased was never subjected to cruelty for demand of dowry - Even in..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dying declaration - Recorded before 1-1/2 months of death of deceased - Statement of deceased recorded at the time when she was not expecting any apprehension relating to her death and she was mentally alert and conscious and was under influence and..........
