Indian Penal Code, 1860, Section 302 -- Murder of 8 years old girl - Death sentence - Accused acquitted under POCSO Act - Motive for murder is not clear - Accused does not have any criminal background, nor he is a habitual offender - Murder has not been committed with extreme brutality or that same involves exceptional depravity - Only aggravating factor is that accused..........
Indian Penal Code, 1860, Section 302, 449 -- Murder - Tower location of mobile of accused - Hand writing document showing tower location - Scribe of hand written document not examined - Linking accused to area where house in which deceased was murdered through medium of said tower location thus, fails...........
Indian Penal Code, 1860, Section 302, 449 -- Murder - Motive of crime not established - Accused was not subjected to Test Identification parade before PW7 - No evidence on record to establish that accused was in the area where house of deceased was situated when deceased was murdered - Recovery of knife, rope, pair of shoes and blood stained clothes by accused is the only..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302 -- Cancellation of bail - Murder - State failed to file petition seeking cancellation of bail against accused - State remained negligent and did not even feel it necessary to enter appearance and contest the matter - It is only after High Court took serious view and directed State to muster..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Initially there was altercation and quarrel between deceased and elder brother of accused and in course of such quarrel suddenly accused assaulted deceased - Nature of injury revealed from post mortem report and medical evidence demonstrate that injuries were caused by blunt weapon - However, it..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Dying declaration - Murder of wife by husband - Gunshot injury - Deceased stated that `Inhone Mujhe Mar Diya' - Word `Inhone' points to her husband, as Hindu ladies do not refer their husband by names, they devised an easiest expression to refer them as `inhone' - Deceased..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder of wife by husband - Gunshot injury - Accused is a dead drinker and used to quarrel with deceased and beat her after taking liquor - He killed deceased when she was preparing food in kitchen - Disclosure statement made by accused leading to recovery of weapon in presence of witnesses duly proved on..........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder case - Merely because accused booked u/s 498-A IPC during parole period and was kept in jail for 18 days and later on released as police found him to be innocent, is no ground to decline premature release to petitioner from jail, as offence u/s 498-A IPC is a domestic dispute within family...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 342 -- Rape and murder - Death sentence - Rarest of rare case - Deceased was last seen in the company of accused - Dead body of deceased found in the house of accused - Medical evidence corroborated the prosecution version - Prosecution proved its case - Accused rightly convicted - However, case does not fall in the category..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused has no criminal history - No blameworthy conduct depicted by accused in jail - Case does not fall in category of rarest of rare cases - It would be in interest of justice if death sentence is commuted to life imprisonment - Life imprisonment should be with a cap of 20 year R.I, which..........
