Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Juvenile - Offence u/ss 363, 366 & 376 IPC - Bail declined by Juvenile Justice Board by majority of two members and one member differing with other two members by recording her dissent - Juvenile Justice Board ought to have called for report of Probation Officer before considering bail..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused committed murder of his wife by hitting on her head with phawra - Two powerful blows were inflicted on the skull, parallel to each other above the left ear of deceased - PWs 1 & 2 were present at the scene of crime when accused inflicted injuries to deceased and their testimonies are reliable - Accused absconding..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Where a wife is murdered in her matrimonial house and the presence of the husband is established, law casts an obligation on the husband to explain how his wife died and if he does not do so an adverse inference can be drawn against the husband of being the assailant...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - A girl aged two years was murdered by her own mother and grand maternal mother by administering poison - Ocular evidence duly supported by medical evidence proves that deceased died due to poison - Plea of accused that complainant in conspiracy with the wife of PW3 with whom he has illicit relations has committed the..........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 313 -- Murder - Examination of accused - High Court committed error by setting aside Trial Court judgment of conviction and remanded the matter back for retrial decision afresh on the ground of defective examination of accused u/s 313 Cr.P.C - However, accused did not raise any question..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Culpable homicide not amounting to murder - Appellants came together to the place of occurrence, armed with weapons and assaulted deceased on head due to previous dispute - Counter case also registered against some of prosecution party - But as two incidents occurred at different places and at different times one cannot..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Culpable homicide not amounting to murder - Specific role attributed to appellants in assault of deceased as transpiring from evidence on record which stands corroborated by Exhibit 4 wherein their names appear as assailants - Appellants cannot be said to stand on same footing as other acquitted accused persons...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Reduction of sentence - Accused No.1 is about 77 year age - Incident occurred due to quarrel between two families - Sentence reduced u/s 304(Part II) IPC from 5 years R.I to 3 years R.I - Fine and default sentence remains same - Sentence of accused No.2 reduced to S.I of 5 years and pay fine of Rs.5,000 in default to..........
Indian Penal Code, 1860, Section 498A, 304B -- Homicidal, suicidal burn injuries and accidental burn injuries - In the case of homicidal death, if the victim is caught unaware, a person may not be able to make any effort to save himself/herself - In case of suicidal burn injuries a person may take all precautions not to save himself/herself - In case of accidental burn..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - Accused contended that deceased died due to bursting of stove which was accidental - Contention rejected as during investigation burst stove was not found at the place of occurrence - Deceased suffered 70% burn injuries which held to be sufficient to cause death in ordinary course of..........
