SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 235(2), Indian Penal Code, 1860, Section 376, 302, 392-- Death sentence - Rape and murder - Parties heard on sentence and accused sentenced to death on the same day - Merely because no separate date is fixed for hearing on sentence, it cannot be said that there is violation of S.235(2) Cr.P.C., as there is no mandate in S.235(2) Cr.P.C. to fix separate..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 302, 392, Evidence Act, 1872, Section 118-- Rape and murder - Robbery - Child witness - Death sentence can be imposed on accused on the basis of testimony of child witness aged 7 years, if statement of child witness is natural, trustworthy and without any chance of being tutored, as it cannot be taken as mitigating circumstances of case...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 302, 392-- Rape and murder - Robbery - Death sentence - Accused committed number of crimes not only before the incident but also within two days subsequent to present crime - As regarding leaving PW2, child unharmed, it is apparent that he was on a hasty retreat from the place of incident - Merely because..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, 323-- Murder - Unlawful assembly - Common object - Accused no.1 arrived at the scene of occurrence with nine armed men out of which three were equipped with knives and rest were equipped with sticks - Incident occurred as a result of cold blooded plan to murder deceased - Nature of injury inflicted on..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34-- Bail - Murder - Accused is a habitual offender and several cases pending against him - Crux of the charge against accused is that he entered into an conspiracy and in furtherance thereof, had eliminated a witness in an earlier case against him - Accused was in judicial custody on the date on which..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3-- Murder - Motive - Premeditated assault - Occurrence of verbal exchanges and incidence of trifle beatings one day prior to incident - Eye witness/injured lodged FIR and stated involvement of accused party by naming their role and injuries, corroborated by medical evidence - Weapons recovered - FSL..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder - Inquest report - Not necessary to mention name of accused in inquest report - However, when PW1 disclosed the name of accused in FIR and he himself was also a witness of inquest along with PW4, then natural conduct is that he should also tell the name of accused to I.O. - Such lapse..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder - Deceased attacked by `Phawra' and neck of deceased was beheaded from the body - Eye witnesses stated that accused ran away from the scene of occurrence along with `Phawra' and head of deceased - However, PW5 Inspector stated that only `Phawra' was recovered from accused and head of..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 404-- Murder - Circumstantial evidence - Last seen evidence and arrest of accused - Accused convicted on mere surmises and on a mere suspicion - No evidence on record that accused was last seen alive in the company of accused - As regarding arrest of accused, there is no nexus between Motorcycle and a..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Death sentence awarded by Courts below - Circumstantial evidence - Allegation that accused committed murder of his wife and five daughters - Mother of the accused who was sleeping in another room, heard the cries - She entered the room of accused and saw the dead bodies and accused was..........