Indian Penal Code, 1860, Section 366, 376, 302 -- Kidnapping, rape and murder - Enhancement of sentence - On the date of conviction accused was 27 years of age and he had a wife and small child as well as aged parents - He committed first offence and accused has no criminal antecedents - However, this is a case where a fixed term sentence for a period of 30 years must be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Body of deceased was found from well of village - No case of ill treatment of deceased was ever registered against accused - Father of deceased/PW2 and PW10 stated that we suspected the role of accused to have murder the deceased - Doubt and suspicion cannot form basis of guilt of accused -..........
Indian Penal Code, 1860, Section 302 -- Murder - Theory of conspiracy was disbelieved by High Court - There was thus, no basis or reason to have upheld conviction of A-2, particularly when on basis of very same set of evidence led by prosecution, principle conspirators involved in the crime were acquitted - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 147, 143, 148, 504 -- Murder - Testimony of sole eye witness - Land dispute between parties - Presence of accused on the spot is not disputed - PW1 stated that all accused were hiding in bushes at the spot - He though not clear as to which one of accused had assaulted deceased after he fell down, but he is categorical with regard to..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 24 -- Double murder case - Extra judicial confession - PWs 7 to 9 who supported prosecution case have not stated that accused was either their relative or a close acquaintance - They not even stated that they personally knew accused - Even, after extra judicial confession before PWs 7 to 9, they did..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Non-recovery of weapon of offence - Where testimony of injured witness is more believable and is consistent throughout, non-recovery of weapon used in the crime would not be of much importance...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Once firearm that too .12 Bore gun is used for causing on frontal part of injured, no doubt can be raised with respect to intention of accused i.e gunshot was fired to cause murder - Contention that injuries are simple in nature thus, no offence u/s 307 IPC is made out is baseless - Accused rightly convicted...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused is now 60 years of age - He actually undergone substantive sentence of 5 years, 1 month and 12 days by adding earned remission, out of total sentence of 7 years - No other case is pending against accused - Sentence reduced to period already undergone by him - However, remaining part..........
