Indian Penal Code, 1860, Section 302, 364, 201, 120B -- Murder - Medical evidence - Testimony of doctor PW1, who conducted medical examination of deceased, does not support prosecution story - PW1 stated that internal injuries of deceased may be caused by heavy stone but he did not clearly establish the same - More so, if incident occurred in the manner stated in the FIR,..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping & murder - Accused also charged with fabricating power of attorney and selling properties of deceased - Though deceased was an unmarried lady but she has two sisters and nephews, living in the same place and there is no reason to give power of attorney to appellant being a total stranger - Voter card of deceased..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 364, 404, 120B -- Gang rape - Death sentence - Rarest of rare case - Two accused persons committed rape on a young girl and thereafter murdered her by strangulating her, slashing her wrist with a blade and smashing her head with a stone - They did not show any regret, sorrow or repentance at any point of time during the..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 364, 404, 120B -- Gang rape - Death sentence - Rarest of rare case exists when an accused would be a menace or, threat to and incompatible with harmony in the society - Gruesome act of raping a victim who had reposed her trust in the accused followed by a cold-blooded and brutal murder of said victim coupled with calculated..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 364, 404, 120B -- Gang rape - Death sentence - Rarest of rare case - Following circumstances cannot be called as mitigating circumstances: (i) age alone cannot be a paramount consideration as a mitigating circumstance; (ii) family background of accused also cannot be said to be a mitigating circumstance; (iii) accused was..........
Indian Penal Code, 1860, Section 364, 302, 307, 120B -- Kidnapping & murder - Conspiracy - Accused persons armed with hockey and swords assaulted PW15 and forcibly took away his wife and killed her - Motive behind murder of deceased is that marriage between deceased and PW 15 was not liked by parents of deceased as she married according to her own will - Evidence of..........
Indian Penal Code, 1860, Section 364, 302, 307, 120B -- Kidnapping & murder - Conspiracy - Telephonic conversation between other accused persons and accused `J' just before and soon after incident, proved on record - No explanation offered by accused `J' that as to how he was in touch with other accused persons - Extra-judicial confession deposed to PW7 by accused `J' that..........
Indian Penal Code, 1860, Section 364, 302, 307, 120B -- Kidnapping & murder - Conspiracy - Prosecution though proved that there were conversation between other accused and accused `D' but such communications were from a land line number which stands in the name of brother of accused `D' - No evidence on record that said land line number was under exclusive control of..........
Indian Penal Code, 1860, Section 364, 302, 201, Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Conviction u/s 302 IPC reversed by High Court as (i) Motive not proved; (ii) Presence of eye-witnesses appeared to be matter of chance; (iii) FIR reached the jurisdictional Magistrate after delay of two days - No interference warranted...........
Constitution of India, 1950, Article 142, Indian Penal Code, 1860, Section 364 -- Quashing of FIR - Offence u/s 364 IPC - Accused abducted minor daughter of complainant and married her - When matter reached Supreme Court, by then two children were born to couple - Even, father of girl granted consent and approval to marriage of couple - In order to do complete justice, FIR..........
