Naresh Kumar Vs. Daya Nand

- what remains to be seen is as to whether pinki died an un-natural death within seven years of her marriage and whether her death was attributable to the demand of dowry and further whether she was dealt with cruelty soon before her death. if these ingredients are proved by the prosecution then the conviction of the accused under section 304b, ipc will be complete.[para 9] the question is, in the absence of corpus delicti, could it be presumed that the accused persons alone were responsible for the death of pinki. we must hasten to add here that the accused persons have already been acquitted of the murder charge. [para 9] it is clear that pinki's death was caused because of the burns and not in the normal circumstances. the finding of the trial court and the appellate court in that behalf is correct. for this reason we are not impressed by the argument of the learned counsel that in the absence of corpus delicti, the conviction could not stand. [para10] it is clear that the prosecution has not only proved the offence under section 304b, ipc with the aid of section 113b, indian evidence act but also the offence under section 201, ipc. [para 15] held: we have gone through the judgments of the trial court as well as the appellate court carefully and we find that both the courts have fully considered all the aspects of this matter. we, therefore, find nothing wrong with the judgments and confirm the same. the appeal is, therefore, dismissed.[para 16]shiv narayan dhingra, j.1. the applicant has approached this court against an order whereby an application of the applicant made under section 33 of indian stamp act for impounding of a general power of attorney (gpa) was dismissed by the trial court.2. the gpa placed on the record of the trial court by respondent is a registered gpa executed on rs. 100/- stamp paper. the contention of the petitioner before the trial court was that since along with gpa, an agreement to sell, a will and a receipt were also executed, the gpa was for a consideration and therefore was liable to bear stamp duty @ 8% of consideration. since it was executed only on rs. 100/- stamp paper, it was liable to be impounded.3. under section 33 of indian stamp act, a document can be impounded by a court if it does not bear the stamp duty which it legally should. in order to show what should be the value of stamp duty, the document is to be read in its entirety and if the gpa shows that it was executed for some consideration but does bear necessary stamp duty, the court then would have power to impound it and send it to collector of stamps for evaluating the stamp duty to be affixed on gpa and for penalty to be imposed. it is not the case of the petitioner that the document in its text shows any consideration having been paid. the document gives power to manage the property including power to transfer the property to third party but it does not show that this power of attorney was executed for any consideration. the court cannot read the consideration mentioned in other documents to impound the gpa. if other documents executed between the parties are produced before the court and court considers them insufficiently stamped, the court can exercise its jurisdiction to impound them, but on the basis of other documents court cannot impound gpa.4. i consider that the trial court rightly dismissed the application under section 33 of indian stamp act for impounding gpa. however, that would not stand in.....