Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide - Appellant convicted for causing death of his wife by one single lathi blow on her head - Sentence - Trial Court awarded 10 years imprisonment and fine of Rs.50,000 - In facts a circumstances sentence reduced to period undergone which was about four years and fine enhanced to Rs.5,000 and when recovered to..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Husband himself lodged report with police regarding quarrel with deceased, which shows that relations between them were far from cordial - Evidence that husband had demanded motorcycle and had taken Rs.20,000/- in cash from father of deceased - Deceased subjected to cruelty by husband in relation with..........
Indian Penal Code, 1860, Section 302, 326, 307, 436, 148, 149 -- Death sentence - Rarest of rare cases - Appellant alone could not have executed such a crime, which resulted in death of 15 persons and leaving so many injured and setting ablaze 23 houses - Entire elements of crime could not have been committed by appellant alone - Further, appellant is a tribal, stated to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No role assigned to accused in the attack made on deceased during occurrence - Sole eye-witness of occurrence made an improvement on the version given in FIR, in statement before Court by stating that accused caught hold of deceased while attack was made by co-accused during occurrence - Deceased died due to homicidal..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused acquitted - Conviction solely based on evidence of PW4 - PW4 mother of deceased, was not present at the spot at time of occurrence and she reached there after occurrence and after gathering facts lodged FIR - FIR is antedated and not lodged promptly - Incident had taken place in a..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant turned hostile - Panch witness was a stock witness, who joined raids in a number of times - Moreover, Panch witness entered the picture after signal was given to raiding party therefore, he was not a witness either to demand or acceptance of bribe by accused - Conviction &..........
Criminal Procedure Code, 1973, Section 389(3), Indian Penal Code, 1860, Section 201 -- Execution of sentence - Suspension pending appeal - Accused all along was on bail during trial stage - No attempts made on part of prosecution to get bail of accused cancelled on any ground during trial stage - Order granting bail to accused during trial also not challenged - No special..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Validity - Accused convicted for murder of several persons - Murders committed in greed of money - However, accused were young and belonged to socially deprived section living in acute poverty - Accused completed/on verge of completing their education from jail - No material or information to show any..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dead body found on the bank of river and was eaten by animals - Age of dead body is completely inconsistence with age of Smt.Rema - Sari, slippers and torch were found on the river bank by villagers but these villagers have not been produced - No recovery memo of these items was ever..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Prosecution failed to establish the chain of circumstances to link either of the appellants with the crime or to show that in all human probability murder was committed by them - Conviction and sentence set aside - Accused acquitted...........
