Indian Penal Code, 1860, Section 302, 364, 346, 193, 218, 120B -- Framing of charge - Deceased was a hardened criminal and 20 cases were pending against him thereafter one FIR was also registered against him in which he was also absconding - Deceased was killed by police officials belonging to Special Operation Group (SOG) - Petitioner has not been charge sheeted for..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Unnatural and homicidal death of deceased at her matrimonial home - Accused alone perpetrator of murder of deceased as he was present at the time of death of deceased - When presence of accused at the time of incident is proved on record, principle enshrined in S.106 of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Appreciation of evidence - Mere fact that PW6 did not intervene to save his brother in itself is no ground to discard his testimony and make his presence doubtful...........
Indian Penal Code, 1860, Section 302 -- Murder - Inquest report - Merely because in column no.4 relating to persons who identified the dead body, name of other persons figures is no ground to create any dent in prosecution case as inquest report is prepared in presence of `H' who even signed the same - Moreover, `H' was never claimed to be witness of occurrence by..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused caused injuries to deceased with brick and danda on his face and head - Cause of death was declared shock and haemorrhage due to injuries which were ante-mortem and sufficient to cause death in ordinary course of nature - Ocular evidence is fully corroborated from medical evidence - Version of PW6 brother of deceased..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of four years old girl - Motive - Merely because accused was living as a servant or he was sleeping in same courtyard or he was known to child and that too as a child of the family it cannot be concluded that he had motive to commit the rape and murder of child...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of four years old child - Accused was a servant in complainant's house - He was arrested from the complainant's house - Merely because human semen was present on vaginal swab of child, it does not imply that rape was in all probability committed by accused as FSL has not examined the antigen found on..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - (1) Fight on spur of moment; (2) Neither there was any motive nor any intention to eliminate deceased; (3) No enmity of any kind with deceased; (4) Accused had gone to take possession of cattle shed and not with an intention to kill any one; (5) inspite of accused armed with weapons, none of them..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Dying declaration - Deceased was taken to police station just after the occurrence so there was no occasion for any tutoring or prompting - No doubt she must be bleeding profusely due to injuries sustained by her but only on this count her statement and FIR cannot be discarded as unreliable -..........
Indian Penal Code, 1860, Section 302, 364, 376, 511, 201, 120B, Constitution of India, 1950, Article 72 -- Offence u/ss 302, 364, 376, 511, 201, 120-B - Death sentence - Rejection of mercy petition - Delay of 3 years and 3 months in rejection of mercy petition - No delay or dilatory tactics on part of convict - Execution of death sentence would be unconstitutional as it..........
