Showing : 1151-1160 of 3575 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Discrepancies in the evidence of eye witness - Evidence of PW1, an eye witness, who lost his three sons in fateful incident was consistent and there is no major deviations or discrepancies in his evidence - Any minor discrepancies in the evidence of PW1 due to long gap between..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Death sentence - Trial Court awarded death sentence to accused on the ground that accused were guilty of committing cruel and heinous offence - Reasoning given by trial Court, does not convince that case comes under the rarest of rare category, which warrants penalty of death..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder of father by son - Prosecution proved the presence of accused at his home at night with deceased - Accused is duty bound to explain as to how death of his father was caused - Since no explanation as to death of deceased was given by accused, accused held responsible for commission of crime..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder - Non-examination of injured witness - Injured witness was not examined as he was kidnapped at the relevant period - Non-examination of injured witness, held, not fatal to prosecution case and same cannot be a ground to disregard the evidence of eye witnesses...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Non-examination of independent witness - Entire case of prosecution cannot be discarded merely on the ground of absence of independent witness, as long as evidence of eye witness, though interested is trustworthy...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- Delayed FIR - Delay in lodging FIR properly explained as being a father of deceased PW5, became unwell for two hours after death of his son - More so, another incident of setting fire to the house of accused in the same night, which is the outcome of the murder of deceased at the hands of accused..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 364, 34-- Murder of 9 years old girl - Circumstantial evidence - Appeal against conviction - Accused acquitted as there is sufficient indication to doubt the prosecution story viz. : (i) dead body of deceased has not been physically identified as it was found in mutilated and decomposed state, but..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 148, 149, 506, 324, 326, 201-- Anticipatory bail - Murder case - Main accused already in custody - No direct role/injuries attributed to present petitioners - Petitioners who all are ladies are stated to be part of conspiracy and carrying danda and brick bats - At the initial stage and after registration for FIR, present..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 341, 143, 147, 148, 149, 109, 120B-- Murder - Appeal against acquittal - Acquittal upheld viz. (i) Material alterations in testimonies of eye witnesses; (ii) attesting witnesses to the recovery of articles, like weapons, clothes, etc. turned hostile; (iii) Recovery of mobile phone is relied in evidence, however, no evidence was..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 120B, 34, Evidence Act, 1872, Section 9-- Murder - Test Identification parade (TIP) - First TIP conducted after about 1-1/2 months of incident - Second TIP was conducted after more than a year of incident - It is doubtful whether eye-witnesses could have remembered the faces of accused after such a long period - Though incident took place..........

Showing : 1151-1160 of 3575 Results