Electricity Act, 1910, Section 33 -- Electrocution - Death - Proof - Petitioner was examined by a doctor and there is also a police case reported to the effect that unnatural death of deceased occurred due to electric shock - No evidence has been brought on record on behalf of defendants to show that there was any possibility of death of deceased due to any other reason -..........
Criminal Procedure Code, 1973, Section 164(2), Evidence Act, 1872, Section 25, 26 -- Confessional statement - Admissibility of - Confessional statement recorded on dictation of SDM during investigation - Appellant in police custody - Validity of - Held, confessions made in immediate presence of a Magistrate would not be admissible in evidence in case they were not recorded..........
Indian Penal Code, 1860, Section 302, 384 -- Murder - Extortion - Delay of 17/18 hrs. in lodging FIR - Father was in shock to receive ransom letter - Father testified that he was a poor man and, therefore, could not arrange for ransom sum of Rs.70,000/- - He then brought this fact to notice of other persons and approached police - Held, all parents whether rich or poor..........
Evidence Act, 1872, Section 73, Criminal Procedure Code, 1973, Section 311A, Constitution of India, 1950, Article 20(3) -- Investigation - Handwriting of accused - Taking of - Police obtained handwriting of accused during investigation - Validity of - Held, S.73 of Evidence Act empowers taking of handwriting sample of any person during trial or inquiry - But it is settled..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 27 -- Murder - Disclosure statement - Recovery of dead body - Dead body of deceased recovered from field of sugarcane at instance of accused - Evidence of police recovering dead body fully corroborated by evidence produced by other witnesses - Plea of accused that sugarcane field being accessible to..........
Criminal Procedure Code, 1973, Section 173(8), 200, 202, 482 -- Reinvestigation - Criminal case cannot be sent to police for reinvestigation - However, it can be sent for further investigation on specific issues - In case Magistrate is not satisfied with the finding or the result of the investigation he himself can examine the complainant and other witnesses u/ss 200 and..........
Motor Vehicles Act, 1988, Section 166 -- Claim for injuries sustained in motor accident - Offending vehicle owned by educational institution - FIR recorded about 3 and half months after accident - However, a letter of authorization given by Principal of school, who was owner of bus - Letter purported to give authority to transport-in-charge of school to get bus released..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Seizure of contraband - Applicability of S.42 - Held, S.42 of the Act applies to a case where an officer concerned on information received or having reason to believe from personal knowledge that any offence has been committed in relation to any drug or psychotropic substance etc. and which is kept or..........
Criminal Procedure Code, 1973, Section 345 -- Contempt of Court - Summary Proceedings - Petitioner alleged to have insulted Magistrate on 28.01.2008 - Petitioner was not caused to be detained and the proceedings under Section 345(1) was not initiated on the same day - Proceedings initiated on 29.01.2008 - Held, proceedings are outside the scope of Section 345(1) Cr.P.C. -..........
Indian Penal Code, 1860, Section 323, 34 -- Voluntarily causing hurt - Proof of - Evidence of PW1 goes to prove that she was assaulted by accused Nos.1 and 2 in the course of quarrel and there is no reason to dislodge her version - Moreover, her immediate conduct is also pertinent to note since she went to nearby village locality and urged Police Patil to help her -..........
