Indian Penal Code, 1860, Section 302 -- Death by suicidal hanging - Medical evidence shows that laceration injury as shown in post-mortem report was injury caused by hitting some object while bringing the body of deceased down - Even otherwise except the ligature marks, abrasion and laceration there was no other external injuries, no mark of struggle and no other evidence..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Death by burning - Deceased sustained 87% burn injuries - Deceased made no allegation against anyone in her first dying declaration recorded by doctor - However, in second dying declaration recorded before Magistrate deceased accused her husband of pouring kerosene oil on her..........
Evidence Act, 1872, Section 32 -- Two dying declarations - Death by burning - Deceased while informing his sister about the incident did not spell the involvement of accused No.2 and singularly implicated accused No.1 - Said statement purported to be made by deceased was earliest in point of time and on the day of incident - However, dying declarations implicating accused..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........
Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rule 285A, 285B, 285C -- Auction - Conditions for auction - No estimation of value and no notice was given to Respondent - Publication of conditions of auction was not made before the time of auction fixed - Board of Revenue has clearly ruled that auction procedure has not been followed - Authority holding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, 22, 23, 61, Passport Act, 1967, Section 3, 34, 20, Arms Act, 1959, Section 25A, Information Technology Act, 2000, Section 66F, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 27 packets weighing 26 kgs 890 grams heroin, one packet weighing 540 grams opium, two pistols, two SIM cards and..........
Indian Penal Code, 1860, Section 376(2)(g), 506, 34 -- Gang rape - Story presented by prosecutrix seems improbable as she is not even clear as to on which dates she was sexually assaulted - Prosecutrix informed the incident after 10 days of previous incident when she was ravished - No visible external injuries found on the body of prosecutrix including private parts -..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Death in matrimonial home - It is not proved that marriage was performed within seven years and that deceased was subjected to cruelty and harassment by her husband and any other relative, in connection with demand of dowry,soon before her death -..........
Evidence Act, 1872, Section 32 -- Four dying declarations - Dowry death - Death by burning - Deceased stated in her first three dying declarations that incident occurred accidentally - However, deceased stated altogether different story in her fourth dying declaration that she was set on fire by her mother-i, law - Evidence on record shows that before recording of fourth..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Murder case - Death by burning - I.O seemed to have deliberately or negligently erred in investigating the case - No efforts were made by I.O to investigate the place of occurrence, seizure of surrounding material etc. - Defence deposed before Court that deceased locked herself in the bathroom, poured..........
