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Tuesday, April 13, 2010

IMPORTANT POINTS

Abetment to suicide--Dying declaration--Death of wife due to 100% deep burns--Fact recorded in dying declaration that deceased used to beat his wife daily and on day of occurrence also thrashed her--Appellant husband was rightly convicted. 603
Accident--Compensation--Liability of Insurance Company--Driver was holding Valid Driving License to drive Heavy Motor Vehicles at time of accident-- Insurance Company is solely liable to pay compensation and has no right of recovery from owner and driver of vehicle. 601
Accident--Rash and Negligent Driving--Acquittal--Eye witnesses--Alleged witnesses, neither accompanied injured to hospital or had gone to report matter to Police Station--Ruqa sent by doctor recorded that unknown injured was brought by driver of offending bus--Sequence of events clearly established that no body witnessed occurrence--Accused acquitted. 610
Dismissal from service--Misconduct--In case certificate allegedly submitted by plaintiff/respondent of Middle Standard examination found to be forged then criminal case could have been registered against him but he could not be dismissed from service. 606
Eviction--Co-owner--Co-owner under law is entitled to seek eviction of a person whether in unauthorized occupation or tenant without obtaining declaratory decree on his favour . 596
Kidnapping for ransom and murder--All three accused-appellant committed offence of murder in a pre-planned manner by using scientific methods--Soon after kidnapping, deceased was reduced to a corpus with the help of chemicals and he was done to death in inhuman, diabolical and dastardly manner--Sentence converted from death sentence to life imprisonment. 561
Motor Accident--Rash and negligent driving--Acquittal--Death of 1½ years child--Court to examine whether parents of child had acted like prudent person and had taken care of child--Parents had not taken care of their child--Accused acquitted. 614
Narcotic--Delay in sending sample--Acquittal--It is for the prosecution to prove affirmatively, that right from the date of seizure, until the sample was sent to the Chemical Examiner, it was not tampered with--If the prosecution fails to prove this factum, then its case is bound to dwindle down. 586
Narcotic--Independent witness--Acquittal--When the evidence of the official witnesses, is found to be not cogent, convincing, reliable and trustworthy, then on account of non-corroboration thereof, through an independent source, a doubt in cast, on the prosecution case. 586
Quashing of FIR--Criminal Tresspass--Allegations of taking forcible possession of Land--Complainant on civil side lost upto Supreme Court--Earlier FIR lodged against predecessor-in-interest of petition on similar allegation culminated into acquittal of accused--Filing of FIR to defeat vested civil rights of petitioner quashed. 577

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