Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Sudden and grave provocation - Deceased called accused No.1 and her daughter as prostitutes - No lady would like to hear such a word from her husband and most importantly she would not be ready to hear such a word against her daughter - Incident result of a sudden and grave provocation - Case falls..........
Indian Penal Code, 1860, Section 302 -- Double murder - Death sentence - Reduction of sentence - It is a case where young couple has been killed by accused in brutal and cruel manner - Though crime committed by accused persons is serious and heinous but still it is not a case, which falls within the category of rarest of rare cases, hence, death sentence awarded to accused..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Murder - Accused made confessional statement with regard to incident, weapon used and nature of assault - He also made a statement as to where bundle of clothes and blood stained ballam was hidden by him - Nature of articles seized were corroborated - Part of statement made by..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Merely because blood group could not be ascertained from murder weapon, prosecution case cannot fail...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Oral evidence of PWs find corroboration in each other`s version and there are no serious contradictions in their statements - Evidence of these witnesses have not been shaken in cross-examination - Motive of crime proved by deposition of PW11 that there was prior enmity between parties - Nature of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to trivial issue of collecting fire wood from tree - There was no prior meeting of minds between three accused or they had any common object for inflicting fatal injury to deceased - There was heated exchange of words and at the spur of moment and heat of passion, there was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific role is attributed to accused `D' and `K' - Eye witnesses stated that they only inflicted fist and kick blows to deceased - Lack of any corresponding injury on person of deceased is sufficient to satisfy that accused persons roped in the case by sheer over implication because by no stretch of imagination can..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 302 - - Circumstantial evidence - PW4, brother of deceased accompanied deceased to Mela on fateful day and identified the accused, who took away deceased from Mela - Investigation revealed headless body of deceased in bushes - Trial Court rightly recorded guilt of accused which was affirmed by High Court by applying..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 302 - - Death sentence - Accused specifically stated that he denied proper legal assistance in the matter and he is a manhole worker aged about 50 years - There is no finding recorded by Courts below to the effect that there is no possibility of reformation of accused - Reasons assigned by trial Court as confirmed by..........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 9 years old girl - Death sentence - Accused dragged girl aged 9 years into a sugarcane field, raped her and dumped her in a well - Cause of death according to medical evidence was signs of recent sexual intercourse with death due to drowning - Manner of commission of crime is extremely brutal - However,..........
