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CALCUTTA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106, 3 -- Murder - Facts within knowledge of accused - Post-mortem report established death due to strangulation with thin rope associated with throttling - Accused could not explain as to how deceased was murdered though, admittedly, deceased was in his custody till her murder - Conviction is proper...........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 300, 302 -- Double murder - Death sentence - Accused murdered his wife, whereby her foetus also died - No history of previous conviction of accused - Death of house wife is not rarest of rare case in context of present day situation of our society - No material on record showing that accused would be menace to society - Death sentence..........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 300, 302, Criminal Procedure Code, 1973, Section 433A -- Double Murder - Death sentence - Death sentence modified to life imprisonment - Case falls under special category of sentences - Accused shall not be released from prison till completion of his actual imprisonment for 20 years...........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 3, 106 -- Murder - Circumstantial evidence - Accused murdered his son and wife in house - Extra marital relation between accused and sister of wife, serve motive for murder - No eye witness to incident and each circumstance has been linked to from a link as: (i) Victims are wife and son of accused..........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 300, 302 -- Murder - Death sentence - Death of both victims was not only pre-planned, brutal and cold blooded but appellant was aware that if he was in his senses he would not be able to kill victims and it for this reason that he consume country liquor before entering his house on fated night - Accused found to uneducated and belonging to..........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 300, 302 -- Murder - Death sentence - "Rarest of Rare Case" - Accused murdered his son and wife in house - Extra marital relation between accused and sister of wife, serve motive for murder - While applying test of "Rarest of Rare Case" it is perception of society which must be considered and not option of Judge and society would abhor rape..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 420, 465, 467, 474, 120B -- Cheating - Forgery - A1 and other accused entered into criminal conspiracy, forged and fabricated documents and deprived rights of de facto complainant - Evidence on record shows that A1 colluded with A2 and signed certain documents - Since there is no material on record to disprove charges levelled against A2 -..........

KERALA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 493 -- Promise to marry - Sexual intercourse - Refusal to keep promise - Offence u/s 493 IPC not attracted, as provision is attracted only if accused by deceit caused her to believe herself to be lawfully married to him, which is absent in the case...........

KERALA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 420 -- Cheating - There is no delivery of any property or involvement of any valuable security - Even no such allegation in the FIR or in any other paper in the case records - Offence u/s 420 IPC not attracted...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 368, 120B -- Quashing of proceedings - Offence u/ss 368, 120-B IPC - Prosecutrix neither named the petitioner in her statement, nor any allegation made against petitioner - Petitioner was not known to prosecutrix and had merely provided shelter to prosecutrix for one night - He was scared that he..........

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