Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 32, 137, 72, 161 -- Judicial review of clemency power of President and Governor - Death sentence awarded to petitioner in a murder case - Governor commuted the death sentence into life imprisonment - Quashing of order - Held, unless the exercise..........
Indian Penal Code, 1860, Section 302 -- Murder - Life imprisonment - Enhancement of - Crimes against women - Petitioner convicted u/s 302 IPC for committing murder of his wife and sentenced to life imprisonment - On appeal sentence upheld by High Court - SLP challenging conviction and sentence - Held, this is a clear case of brutal and barbaric murder - According to..........
Indian Penal Code, 1860, Section 302 -- Murder - Case resting on circumstantial evidence - Dead body of deceased with stab wounds recovered from the place near to the residence of the deceased - Recovery of knife allegedly used and blood stained clothes neither proved, nor produced in court, nor shown to the accused - Accused also not identified - No evidence that motor..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 366, 368 -- Death sentence - Rarest of rare case - Case of bride burning fall in the category of rarest of rare case and hence deserve death sentence - Rarest of rare case does not mean that the act is uncommon - It means that the act is brutal..........
Indian Penal Code, 1860, Section 302 -- Death caused by strangulation and then by burning - This is not a case of suicide - It is a clear case of murder...........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Murder or suicide - Two different types of injuries found on the dead body of the deceased, i.e., the ligature mark of large dimension and the body being badly burnt because of the ante mortem burns with smell of kerosene coming out of the body - Completely rule out the theory of..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Murder or suicide - Witnesses may lie but not the circumstances - Recovery of blood and bloodstained Bindia from the Chhajja (balcony) and broken pieces of bangles from inside the room - Receiver of telephone stuck under the left arm of the deceased and burnt telephone wire found..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Murder or suicide - Deceased alleged to be suffering from gloom of depression for having not given birth to a child - No evidence led by defence that deceased was suffering from some gynecological problem running counter to her child bearing capacity - In case there was any such..........
Indian Penal Code, 1860, Section 302, 201, 34, Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 4 -- Furlough - Release on furlough declined merely on the ground that petitioner had already availed parole - No other reason given for rejecting release on furlough - Impugned order shows that convict has availed parole recently and hence her parole case..........
Indian Penal Code, 1860, Section 304I, 302 -- Accused and deceased were neighbours and drinking companions - Accused had quarrel with his father where deceased intervened - This annoyed the accused who gave one stab injury with knife to the deceased - Held, it cannot be said with certainty that the accused intended to cause the very injury that he inflicted - Conviction of..........
