Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Death caused due to ante mortem injuries - There were 30 incise wounds on the dead body of deceased - Weapons used in commission of offence not recovered - Injuries sustained by deceased are not linked with weapons used by accused - Neither any pellets nor any gun or any incriminating material found from accused -..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder of wife by husband and his parents - Circumstantial evidence - Appeal against conviction - Conviction upheld, as chain of circumstances against accused is complete viz. : (i) Deceased a young bride was brutally murdered within 6 months of her marriage and her body chopped off in two pieces and thrown in the park by..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PW1, wife of deceased stated that there was no enmity between accused and deceased - Even accused were close relative of deceased and he had friendly terms with deceased - Enmity alleged was with co-accused - More so, two co-accused including one against whom motive was alleged..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(b) -- Maintenance - Can be ordered only against persons mentioned as `children' or `relative' as defined under the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(k) -- Welfare measures - Can be imposed against any person based on the accepted relationship between parties involving mutual obligations for a considerable time though such persons would not come within the ambit of `children' or relative as defined under the Act...........
Indian Penal Code, 1860, Section 304B -- Basic essentials of the provision of S.304-B are : (i) The death of a woman was caused by any burns or bodily injury or otherwise than under normal circumstances; (ii) Such death have occurred within seven years of her marriage; and (iii) Soon before her death she was subjected to cruelty or harassment by her husband or any relative..........
Hindu Widow's Re-marriage Act, 1856, Section 2, Hindu Succession Act, 1956, Section 14 -- Remarriage of widow - Succession of property of deceased husband - Widow after her remarriage divested of any right, interest and title in property of her deceased husband in view of S.2 of 1856 Act - Since widow had no subsisting interest or estate in the property of her husband,..........
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 -..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Offence u/ss 304-B, 498-A, 201 IPC - Accused acquitted viz. (i) Shoddy, casual, laconical and insensitive investigation conducted by police; (ii) diary of deceased though seized, had not been produced at trial; (iii) evidence of relative of deceased who had opined that dead body was not that of..........
Evidence Act, 1872, Section 3 -- Relative witnesses - Murder case - Merely because PWs are relative witnesses of deceased, this factor per se cannot discredit them or adversely affect the probative worth of their statements on oath...........
