Indian Penal Code, 1860, Section 300 - - Murder - Proof - Evidence of eye witnesses shows that deceased was unarmed and there was absolutely no physical threat from deceased to appellants - Appellant No.1 after being provided with a knife by appellant No.2 stabbed deceased on left side of chest on instigation of appellant No.2 and because of these injuries deceased died -..........
Indian Penal Code, 1860, Section 395, 396, 397, Evidence Act, 1872, Section 9 -- Dacoity with murder - Test Identification Parade - Conviction based on evidence of injured witness - Witness gave full description of all accused and clothes worn by them as well as their physical features - No scope of doubt to unhesitant identification of accused persons - Conviction upheld...........
Land Acquisition Act, 1894, Section 16 -- Acquisition - Mode of taking possession - (i) No hard and fast rule as to what act would constitute taking of possession of the acquired land; (ii) If the acquired land is vacant, the act of the concerned State authority to go to the spot and prepare a panchnama will ordinarily be treated as sufficient to constitute taking of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Disability permanently or temporarily - Compensation should be awarded not only for physical injury and treatment, but also for loss of earning and inability to lead a normal life and enjoy amenities, which would have been enjoyed but for the disability caused due to accident - Amount awarded under the head of loss of..........
Constitution of India, 1950, Article 21 -- Inhumane treatment - Scope - It fundamentally can cover such acts which have been inflicted with an intention to cause physical suffering or severe mental pain - It would also include a treatment that is inflicted that causes humiliation and compels a person to act against his will or conscience...........
Evidence Act, 1872, Section 32 -- Multiple variable dying declarations either contradictory or at variance with each other to a large extent - Which of the dying declaration to be believed - The test to determine are (1) Which of the dying declarations is corroborated by other prosecution evidence; (2) Attendant circumstances; (3) The condition of the deceased at the..........
Evidence Act, 1872, Section 32 -- Multiple variable dying declarations either contradictory or at variance with each other to a large extent - Which of the dying declaration to be believed - The test to determine are (1) Which of the dying declarations is corroborated by other prosecution evidence; (2) Attendant circumstances; (3) The condition of the deceased at the..........
Indian Penal Code, 1860, Section 376, 302, Criminal Procedure Code, 1973, Section 366, 368 -- Rape and murder - Death sentence commuted to life imprisonment - Accused developed physical relationship with prosecutrix on promise to marry - Prosecutrix became pregnant - Accused killed her as she refused to go in for abortion - Said case does not fall under rarest of rare case..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8, 17, 25 -- Murder - Confession and admission - In the instant case, accused stated before police that he developed friendship and physical relationship with deceased who became pregnant - Said statement is admission and not confession and can by used against accused u/s 8 of Evidence Act - However, second..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - In case of permanent or temporary disability then adequate compensation has to be made for the physical injury and treatment and also for pain, suffering and trauma caused due to accident, loss of earning and victim's inability to lead a normal life and enjoy amenities, which he would have enjoyed but for..........
