Showing : 381-390 of 3575 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 147, 148, 323, 504, 149-- Attempt to murder - Quantum of sentence - Punishment as ordered by High Court is too low - However, having regard to fact that accused already undergone some period in jail and taking note of fact that incident occurred in the year 2007 and since parties have purchased peace, no further sentence..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 120B-- Murder - Order framing charge - Merely because petitioner helped co-accused to purchase weapon, motorcycle and spectacles, would not in itself lead to inference that petitioner also participated in crime, particularly when petitioner had no knowledge as to for what purposes said weapon, motorcycle..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302-- Murder - Sole testimony of PW11 - Large number of accused attacked single person - Conviction of A-3 is based on sole testimony of PW11, which is inconsistent with other eye-witnesses - No recovery of any offending weapon at the instance of A-3 made - A-3 not guilty of offence of murder - A-3..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302-- Murder - Specific evidence of recovery of a knife at the instance of A-4 is on record, which is capable of causing stab injuries mentioned in post-mortem report as one of causes of death of deceased - Guilt of A-4 established on record - A-4 rightly convicted...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302-- Murder - Order framing charge - Dead body of deceased recovered from well - No marks of injury were noticeable on body of deceased - No suspicion cast by any witness examined during inquest proceedings regarding death of deceased - No motive attributed to accused to commit crime - So called extra..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 143, 144, 147, 148, 34, Arms Act, 1959, Section 4, 25, Evidence Act, 1872, Section 32-- Murder - Dying declaration - Deceased gave statement to police, but said statement is not part of prosecution evidence - Names of A-2 and A-3 not stated in said statement - PW2 in supplementary statement stated names of A-2 and A-3, but he has not specifically attributed any weapon used by them -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 143, 144, 147, 148, 34, Arms Act, 1959, Section 4, 25-- Murder - PW2 stated that injuries sustained by him was given by sharp weapon - A-1 caught red handed with chopper which is corroborated with evidence of PW2, PW1, panch witness of arrest, seizure of weapons and clothes and also in terms of expert evidence - Cause of death was shock due to head..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 34-- Attempt to murder - A-5 and A-6 named in FIR as well in alleged oral declaration of deceased - Even recovery of weapons supports case and statements of PWs pointing guilt of these accused - Evidence of doctor and injuries sustained by deceased clearly establish guilt of A-5 and A-6 - Merely not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34-- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing retrial - No..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59-- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD available in record - Accused alleged to be kingpin of criminal conspiracy..........

Showing : 381-390 of 3575 Results