Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of three eye witnesses - Eye witnesses deposed about presence of deceased at the pond and presence of accused at the place of occurrence - They also stated that accused having exhorted co-accused to kill deceased and co-accused shooting the deceased, as a result deceased sustained injury on chest and collapsed..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused reached the spot with a lathi along with co-accused who had a pistol - Evidence on record established common intention in pursuance of which accused exhorted co-accused to kill deceased - Accused's exhortation was crucial to commission of crime since it was only after he made statement that..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 384, 386, 387, 34, Maharashtra Control of Organised Crime Act, 1999, Section 3(1)(ii), 3(2), 3(4), 3(5) -- Bail - Quashing of order granting bail - Offence u/ss 384, 386, 387, 34 IPC and Ss.3(1)(ii), 3(2), 3(4), 3(5) of MCOCA Act - Allegation against accused are very serious in nature - High..........
Indian Penal Code, 1860, Section 364, 376, 323, 336, 34 -- Kidnapping and rape - Oral rivalry and old enmity between parties - Prosecution story was not even plausible story even as per medical evidence - Though, there were multiple injuries found on body of prosecutrix, they were simple in nature - There was no injury on private parts - Main accused who is alleged to have..........
Indian Penal Code, 1860, Section 302, 449, 34 -- Murder of 8 persons - Death sentence - Court is duty bound to elicit information of all relevant factors and consider those regarding the possibility of reformation, even if accused remains silent...........
Indian Penal Code, 1860, Section 302, 449, 34 -- Murder of 8 persons - Death sentence - Mitigating circumstance - Possibility of reformation and rehabilitation of convict is an important factor which has to be taken into account as a mitigating circumstance before sentencing him to death...........
Indian Penal Code, 1860, Section 302, 449, 34 -- Murder of 8 persons - Death sentence - Mitigating circumstance - Possibility of reformation and rehabilitation of convict - Sentence of death is imposed by taking into account the brutality of crime - There is no reference to possibility of reformation of accused, nor has State procured any evidence to prove that there is no..........
Indian Penal Code, 1860, Section 307, 34 -- Nature of offence - Deadly weapons used causing injury near chest and stomach which can be said to on vital part of body - Accused rightly convicted for offence u/s 307 r/w S.34 IPC...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Prosecution examined 10 witnesses and out of which there are two injured eye witnesses - Both of them have supported case of prosecution - Even other PWs are consistent in their statements and have fully supported case of prosecution - Testimony of PWs is not doubtful - Accused held, guilty of offence in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 34 -- Permission to travel abroad and release passport was dismissed - Offence u/ss 420, 406, 120-B, 34 IPC - Court is required to draw a balance between right of petitioner to travel abroad and also right of prosecution to duly prosecute petitioner so as to prevent him from..........
