Prosecution proved by cogent evidence adduced – Appellants by series of act and conduct created a difficult and hostile environment for deceased that she was compelled to commit suicide – There is direct and reasonable nexus with commission of suicide by deceased with acts of cruelty to which deceased was subjected to by appellant – High Court rightly upheld conviction of appellants under Section 306 and Section 498A IPC.
AIR 2006 SC 2002 : (2006) CriLJ 2881 : (2006) 1 DMC 853 : (2006) 11 JT 260 : (2006) 5 SCALE 172 : (2006) 9 SCC 794 :…
Criminal Procedure Code, 1973 (CrPC) – Section 125 – Maintenance – Entitlement – Necessary requirements – Claimant-wife has to show that means of her husband are sufficient and she is unable to maintain herself – Refusal or neglect to maintain by husband also need to be proved
AIR 2008 SC 530 : (2008) 105 CLT 729 : (2008) CriLJ 727 : (2008) 1 DMC 22 : (2008) 1 JT 78 : (2008) 149 PLR 263 :…
Penal Code, 1860 (IPC) – Sections 302/34 – Murder – Circumstantial evidence – Prosecution is to prove all links in the chain by leading evidence – Prosecution case that another person involved in the case, whose name never figured during investigation, was not arrested – Evidence of “last seen” with deceased not trustworthy for the reason that a businessman would not ordinarily go to a small shop to take tea with a rickshaw puller
AIR 2006 SC 2242 : (2006) CriLJ 2920 : (2006) 11 JT 298 : (2006) 5 SCALE 467 : (2006) 10 SCC 182 : (2006) 2 SCR 881 Supp…
Penal Code, 1860 (IPC) – Sections 147, 148, 341, 447, 302 read with 109, 149 – Murder – Deceased a coparcener had a dispute over ownership of land with appellant – Witnesses accompanying appellants made categorical statement that they had gone to scene of offence with a view to prevent appellants from causing obstructions to ploughing of land by deceased
AIR 2006 SC 2419 : (2006) CriLJ 2931 : (2006) 5 JT 419 : (2006) 5 SCALE 331 : (2006) 10 SCC 157 : (2006) 1 SCR 947 Supp…
U.P. (Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 21(1)(a) – Rent and Eviction – Bona fide requirement – Application for release of shop on the ground of bona fide requirement to do the business of electrical goods, T.V., V.C.R., music system, cooking range etc.
AIR 2008 SC 773 : (2007) 13 JT 287 : (2007) 3 SCALE 502 : (2008) 2 SCC 144 : (2007) 1 SCR 615 SUPREME COURT OF INDIA YADVENDRA…
Penal Code, 1860 (IPC) – Section 302 – Murder – Acquittal by High Court – Appeal by informant – Neither I.O. nor doctor examined – No reason indicated therefor
AIR 2009 SC 93 : (2009) CriLJ 367 : (2008) 11 JT 464 : (2008) 13 SCALE 389 SUPREME COURT OF INDIA KAPIL DEO SINHA — Appellant Vs. KIRANDEO…
Penal Code, 1860 (IPC) – Sections 302 and 307 – Murder and attempt to murder – Love affair – Victims opposing proposal of marriage given by accused – There was pre-meditation over exchange of words – One injury leading to death inflicted
AIR 2009 SC 912 : (2008) 11 JT 309 : (2008) 13 SCALE 458 SUPREME COURT OF INDIA MAHINDRA MULJI KERAI PATEL — Appellant Vs. STATE OF GUJARAT —…
Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 306 – Quashing of proceedings – Offence of abetment of suicide – Suicidal note clearly referring to acts of accused and role played by them – It clearly refers to background in which victim took extreme step of taking away his life by committing suicide – High Court rightly refused to quash proceedings.
AIR 2008 SC 527 : (2008) 106 CLT 313 : (2008) CriLJ 724 : (2007) 13 JT 166 : (2007) 3 SCALE 535 : (2008) 2 SCC 403 :…
Penal Code, 1860 (IPC) – Section 376(2)(e) – Rape with married woman – ‘Possibility’ or ‘certainty’ – It must be established by evidence that accused had knowledge that victim was pregnant – In the absence of any material brought on record to show that accused knew the victim to be pregnant, Section 376(2)(e) IPC cannot be pressed into service – To that extent judgments of Courts below unsustainable – Minimum sentence prescribed under Section 376(1) IPC is applicable.
AIR 2006 SC 2214 : (2006) CriLJ 2913 : (2006) 5 JT 460 : (2006) 5 SCALE 614 : (2006) 9 SCC 787 : (2006) 2 SCR 318 Supp…
Criminal Procedure Code, 1973 (CrPC)-Section 439-Constitution of India, 1950-Article 21-Delay in completion of trial – Effect of – Delay in completion of trial, if found to be attributable to accused and not prosecution – Cannot be a ground to release accused on bail.
AIR 2008 SC 942 : (2008) CLT 316 : (2008) CriLJ 1033 : (2007) 13 JT 528 : (2007) 3 SCALE 541 : (2007) 12 SCR 717 SUPREME COURT OF…