Motive -- When facts are clear, it is not necessary to have proof of motive or ill-will to sustain conviction...........
Motive -- When facts are clear, it is immaterial whether motive is proved...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased died within 5 months of her marriage - Defence of accused that deceased first consumed poison and then on being apprehensive of her death, she set herself on fire, proved wrong as any reasonable man would try to save his wife by taking her to nearest hospital and would not wait for her to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 1 kg 800 gms - Non joining of independent witness - Recovery from residential house - Version of official witnesses that nobody agreed to join investigation seems to be plausible and natural as they tried to associate independent witnesses but they failed - I.O and other PWs had no..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of four years old girl - Motive - Merely because accused was living as a servant or he was sleeping in same courtyard or he was known to child and that too as a child of the family it cannot be concluded that he had motive to commit the rape and murder of child...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of four years old child - Accused was a servant in complainant's house - He was arrested from the complainant's house - Merely because human semen was present on vaginal swab of child, it does not imply that rape was in all probability committed by accused as FSL has not examined the antigen found on..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - (1) Fight on spur of moment; (2) Neither there was any motive nor any intention to eliminate deceased; (3) No enmity of any kind with deceased; (4) Accused had gone to take possession of cattle shed and not with an intention to kill any one; (5) inspite of accused armed with weapons, none of them..........
Indian Penal Code, 1860, Section 365 -- Kidnapping of minor aged 4 years - Reduction of sentence - Motive not proved by prosecution - It has not been proved on record that whether child was kidnapped for ransom or in order to settle some old enmity - In the absence of mens rea, lenient view should be taken by Court while sentencing accused - Sentence u/s 365 IPC reduced..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false criminal complaint against husband - Wife in connivance with her father made frantic efforts to falsely implicate husband and his family member in criminal cases with some ulterior motive and to get them harassed and tortured - Act of wife amounts to cruelty within the meaning of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Death by strangulation - Allegation that accused committed murder of their friend by strangulation in the hotel room where they stayed as they were foreign nationals who visited India as tourists - Post mortem report of deceased shows that there is no symptoms of strangulation - Non recovery of..........
