Showing : 941-950 of 5415 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 323, 34-- Murder - Dying declaration - Evidence of PW7, who recorded the statement of deceased is trustworthy and accepted by Courts below, as deceased was found to be mentally fit to give his statement regarding occurrence - Dying declaration, held, reliable - Conviction of accused is not only based on..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34-- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Identification of accused - Accused persons identified in Court for the first time after a gap of more than 2 years from the date of incident - Incident occurred in the night, at a place with improper lighting - Accused persons not known to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34-- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Delay of 8 days by investigating agency to make arrest of all accused - Plea that accused were absconding, rejected, as if they were really absconding then they should remain absconding - Arrest of accused from home casts a shadow of doubt on..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34-- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Material contradictions in the prosecution story - Accused acquitted viz. : (i) FIR lodged against four unknown persons, despite the fact that complainant knew the name of one of accused; (ii) Forest officers including driver of jeep ten in..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 304-- Part-I - Nature of offence - Deceased died due to gunshot injury inflicted by accused - Intention on the part of accused in causing bodily injury was likely to cause death - It cannot be believed that accused did not know about the likelihood of causing death, though, he may not know as to whom he..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 300-- Clause Third - Murder - Sufficiency of injury - Sufficiency is the high probability of death in the ordinary course of nature - When sufficiency exists and death follows, causing of such injury is intended and causing of such offence is murder - For ascertaining the sufficiency of injury,..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 304(Part I)-- Nature of offence - Deceased sustained gunshot wounds on the left thigh - Weapon used and the manner in which attack was made and injury was inflicted due to premeditation establish that accused intended to cause the injury - However, injury was on the inner part of left thigh, which is no, vital..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304(Part I)-- Offence u/s 304(Part I) IPC - Non-recovery of `country made pistol' - Where prosecution established the guilt of accused by unimpeachable oral evidence which is corroborated by medical evidence, no, recovery of `country made pistol' does not materially affect the case of prosecution - Accused..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304(Part I)-- Offence u/s 304(Part I) IPC - Evidence of eye witnesses - Eye witnesses consistently stated that accused fired at deceased with `country made pistol' which he was carrying in his hand - Nothing substantial was elicited from eye witnesses to discredit their testimony - In the context of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 398, 401-- Offence u/s 398, 401 IPC - Quantum of sentence - High Court found both the accused were armed with deadly weapons and that record showed that they had other pending cases registered against them - High Court thus did not differ from the view taken by trial Court - Though sentence u/s 401 IPC can..........

Showing : 941-950 of 5415 Results