Criminal Procedure Code, 1973, Section 151 -- Arrest of a person to prevent commission of a cognizable offence - Police Officer can arrest a person without an order from Magistrate and without warrant if the officer comes to know of a design of that person to commit any cognizable offence - Arrest should be made only if it appears to such police officer that commission of..........
Age -- Proof - Horoscope - It is a very weak piece of material to prove age of a person - Horoscope can be treated as evidence in terms of Section 32 Clause (5) of Evidence Act provided it is proved to have been made by a person having special means of knowledge as regards authenticity of date, time etc. mentioned therein...........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Summoning order - An order summoning an accused is not an interlocutory order - Bar created by Section 397(2) would not operate...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), 340 -- Offences relating to documents given in evidence - Forged will tendered in evidence - Will forged firstly and thereafter produced in Court - Bar of Section 195(1)(b)(ii) Cr.P.C. will apply when document was forged while same was in custody of Court - Will was forged before producing in Court - Bar of Section..........
Criminal Procedure Code, 1973, Section 195, 340 -- Forged will tendered in evidence - Court is not bound to make a complaint regarding commission of offence referred in Section 195(1)(b) - Where voluminous evidence may have been adduced and the effect of forged piece of evidence on board concept of administration of Justice may be minimal, Court may not lodge a complaint..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Only legally married wife is entitled to claim maintenance - Marriage with a man having a living spouse - Marriage is a nullity - Such a wife is not entitled to maintenance u/s 125 Cr.P.C. - Wife not informed about husbands' earlier marriage when she married him is of no avail as rule of estoppel is not applicable..........
Indian Penal Code, 1860, Section 302 -- Murder - Sudden fight - Quarrel took place between accused and deceased over a trivial matter - Accused gave two 'dhangu' blows on the head of deceased - Defence alleged delay in lodging FIR - Plea of delay in lodging FIR was rejected as complainant took victim to hospital and thereafter lodged FIR - Ocular evidence corroborated by..........
Indian Penal Code, 1860, Section 302, 96, 97, 100 -- Murder - Private defence - Wordy altercation took place between appellant No.1 and PW1 - Appellant No.1 brought a stick and assaulted PW1 - PW1 and PW2 chased him and appellants came with weapons - Appellants assaulted deceased over head by small wooden yoke - Appellants could not establish that they exercised their..........
Criminal Procedure Code, 1973, Section 473, 468, Indian Penal Code, 1860, Section 498A, 406 -- Offence u/s 498-A, 406 IPC - Limitation - Delayed complaints - Court to construe liberally Section 473 Cr.P.C. in favour of wife who is subjected to cruelty, if on the facts and in the circumstances of the case it is necessary so to do in the interests of justice - When conduct..........
Indian Penal Code, 1860, Section 302, 326, 34 -- Murder - Appellants armed with axes and lathis assaulted deceased - Motive alleged by prosecution that deceased purchased the land which otherwise appellants would have inherited - Most of the injuries caused to deceased were of minor nature - One of the appellants gave 'lathi' blow which resulted in causing fracture of ribs..........
