Indian Penal Code, 1860, Section 302 -- Murder - Commutation of death sentence to life imprisonment - Murder of five members of rape victim - Death sentence - Rejection of mercy petition - Solitary confinement - Petitioner spent about 18 years in solitary confinement - During pendency of mercy petition execution of death sentence of petitioner was stayed, but throughout..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 120 kgs of poppy husk - Accused alleged to be carrying 120 kgs of poppy husk on the fitter rehra (vehicle) - Ownership/possession of said fitter rehra was not proved by prosecution - Out of two independent witnesses one declared hostile and other won over by defence - Both witnesses speaking in..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of eight years old girl - Circumstantial evidence - Presence of mud on the clothes of accused which has been similar to place of occurrence - Mud found on the clothes of accused found to be similar by CFSL, cannot be held incriminating and conclusive against accused as prosecution has not brought on record that..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of punishment - Considering accused's family background, absence of any criminal history and present age of senior citizenship, minimum sentence of 7 years R.I with a fine of Rs.10,000 and in default to undergo further imprisonment of 3 months for the alleged offences would meet the ends of justice...........
Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Last seen evidence - Question of identification of accused by witnesses of last seen cannot be treated evidence to connect the accused with crime as nothing was stated by said witnesses regarding last seen evidence - Evidence of last seen does not connect the accused with crime -..........
Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of weapon of offence and T-shirt of accused - When no blood was found on the recovery of weapon of offence and T-shirt of accused, recovery of said materials is not relevant so as to connect the accused with crime - Conviction & sentence set aside - Accused acquitted...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 - - Offence u/ss 307, 34 IPC - Although plea of juvenility was raised at belated stage before Supreme Court but the same was allowed - Incident occurred 40 years back - Accused `I' is now 55 years of age - There is no question of sending him to an observation home for possible reformation - Conviction..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Accused `M' 80 years of age and he has age related medical problems also - Nature of injury inflicted upon victim has not resulted in any major physical disability or reduced his life span - Sentence reduced from 5 years R.I to 6 months with Rs.1 lakh as fine and out of which Rs.75,000..........
Indian Penal Code, 1860, Section 326, 427, 34 -- Reduction of sentence - Grievous hurt - Accused persons and complainant were having animosity and both parties attacked each other and sustained injuries - However, accused exercised their right to private defence in excess - Therefore, sentence reduced...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - There is no convincing/persuasive reason or ground to alter the sentence awarded to accused, husband of deceased - However, sentence awarded to other accused persons, brother-i, law and sister-i, law of deceased, is accordingly reduced from life imprisonment to 7 years R.I u/s..........
