Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Accused has gone missing immediately after death of his wife and was arrested after 15 days - Deceased was living with her husband/accused along with children - It was for accused to explain circumstances under which deceased died in his house, which he failed to explain -..........
Indian Penal Code, 1860, Section 302 -- Triple murder case - Once the dying declarations of deceased are duly proved, it is admitted that deceased were in the custody of accused - It is for the accused to show that the facts were otherwise - Failure of accused to explain how deceased met with unnatural death due to burn injuries sustained at their house, leads to an..........
Negligence -- Death of buffalo due to electrocution - Compensation - As per material on record it proved that animal died unnatural death due to apparent breach of obligation on part of respondents - On account of death of buffalo, petitioner suffered loss for which he is required to be compensated - Petitioner compensated with Rs.50,000/- alongwith interest @ 6% p.a...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Deceased died due to burn injuries - Incident occurred in the house of accused and deceased - Accused was with his wife/deceased at the relevant time - Since deceased died of an unnatural death in the room occupied by her and accused, it was the obligation of accused..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Factum of unnatural death in matrimonial home and that too within seven years of marriage, is ipso facto not sufficient to bring home the charge u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Motive - Accused No.1 was appointed Imam in the mosque and deceased used to go to accused No.1 to study Quaran - He used to beat, abuse and do villainy with children and two months before the incident accused No.1 committed sodomy with..........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Last seen theory - There is a gap of almost 36 hours only between point of time when accused and deceased were last seen alive and when deceased was found dead - Said time gap is so small that possibility of any person other than accused..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Allegation that husband committed murder of his wife by first strangulating her with nylon rope and then by hanging her from the hook of roof of service area by using a saree as a ligature - However, medical evidence does not support ocular evidence - Evidence of eye witnesses when considered with..........
Indian Penal Code, 1860, Section 304B, 498A, 342, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Demand of dowry - Neither there is evidence of unnatural death of deceased nor there is any evidence of demand of additional dowry, nor there is any evidence of cruelty for demand of dowry "soon before her death" - PWs not supported the prosecution..........
Criminal Procedure Code, 1973, Section 174 -- Scope - Proceedings u/s 174 Cr.P.C. have a very limited scope - Object of proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death - Question regarding details as to how deceased was assaulted or who assaulted him or under..........
