Penal Code, 1860 -- Section 302/148 - Murder - Appeal against acquittal - Conviction of 'R - as ordered by trial court upset by High Court in appeal - Apart from oral evidence, the evidence of dying declaration was clinching so as to fully establish active involvement of accused 'R - - He was identified to have fired at the deceased which resulted in his death - Judgment..........
Indian Penal Code, 1860, Section 498A -- Husband time and again expressing doubts about the character of his wife and beating her on that count - Amounts to cruelty - Trial Court was justified in convicting the accused under section 498-A of Indian Penal Code...........
Succession Act, 1925, Section 63 -- Person propounding Will - Must prove that Will duly and validly executed - Cannot be done by simply proving that signature on Will that of testator - Must also prove that attestations made properly as required by clause (c) of Section 63 - Section 68 Evidence Act gives a concession that at least one attesting witness has to be called for..........
Evidence Act, 1872, Section 71, 68 -- Section 71 in the nature of safeguard to mandatory provisions of Section 68 to meet a situation where not possible to prove execution of Will by calling attesting witnesses, though alive - Aid of Section 71 can be taken only when attesting witnesses, who have been called, deny or fail to recollect execution of document to prove it by..........
Succession Act, 1925, Section 63 -- Where attesting witness called to prove execution not in a position to prove attestation of Will by second witness - Evidence of witness called falls short of mandatory requirements of Section 68 Evidence Act - Section 71 Evidence Act has no application when one attesting witness, who alone has been summoned, has failed to prove..........
Succession Act, 1925, Section 63 -- Execution of Will - Does not merely mean signing of Will by testator - Means fulfilling and proof of all formalities required under Section 63...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Commercial purpose - Complaint regarding supply of defective material - Complainant engaged in commercial activity and in connection with the commercial purpose - Complainant is not covered by the explanation appended to Section 2(1) (d) (i) of the Act...........
Penal Code, 1860, Section 376(g) -- Rape - Gang rape - In order to establish an offence under Section 376(2) (g) IPC, read with Explanation I thereto, the prosecution must adduce evidence to indicate that more than one accused had acted in concert - And in such an event, if rape had been committed by even one, all accused will be guilty irrespective of the fact that she..........
Penal Code, 1860, Section 302,149,325,149,324,149,323,149,336 -- Arms Act 1959, Section 27 - Murder - Conviction - The testimony of PWs 14 and 15 found not wholly reliable - The testimony of third witness PW-17 held to be wholly unreliable - The investigation of the case is tainted and not fair and impartial - The recoveries and seizures made are suspect - The prosecution..........
Penal Code, 1860, Section 302,149 -- Evidence Act, 1860, Section 9 - Murder - Test identification Parade - Informant and eye witness PW 14 did not know the names of the assailants on the date of occurrence - No test identification parade was held to identity the assailants - This is held to be a serious lacuna in the case of the prosecution...........
