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..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning - Accused poured kerosene oil on deceased and set her on fire - There was no provocation for accused to pour kerosene and set deceased on fire - Act of pouring kerosene was though in a spur of moment, same was followed by lighting a match stick and throwing it on deceased and thereby setting her ablaze -..........
Indian Penal Code, 1860, Section 302 -- Murder - Intention - Death by burning - Even if accused had no intention to kill deceased by pouring kerosene oil on her but act of accused falls u/s 300 (iv) IPC, as any person of average intelligence would have the knowledge that act of pouring kerosene and setting deceased on fire by throwing a lighted match stick is so imminently..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning - Mitigating factor - Subsequent act of pouring water by accused on deceased appears to be an attempt to cloak his guilt as accused was in his complete senses, knowing fully well consequences of his act - Moreover, accused poured water only when deceased screamed for help - It cannot be considered as a..........
Indian Penal Code, 1860, Section 364A, 302, 201, 120B -- Kidnapping and murder - Total cumulative effect of entire evidence reinforces the conclusion of guilt against respondent No.2 - Chain of evidence against respondent No.2 does not lead any scope for doubt and in all human probability, act of kidnaping, murder and destruction of evidence must have been done by him - As..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Medical evidence proves that hymen of deceased was intact, which indicates that marriage between deceased and her husband/accused was not consummated - This fact is extremely material in the facts of this case and lends a great degree of credence and corroboration to..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Deceased died due to suicidal hanging - No other mark of injury was detected on the body of deceased - No complaint whatsoever ever made by PWs regarding maltreatment or torture being meted out to deceased by accused persons - I, laws of deceased were well off and..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Five out of six accused armed with sharp-edged weapons - Deceased sustained 21 injuries - No single injury by a sharp-edged weapon discovered - All injuries were on no, vital parts of body - Intention was not to cause death per se - However, multiple injuries were caused with the intention to teach a..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of eight years old girl - Circumstantial evidence - Accused, deceased and mother of deceased were well known to each other as they were working together as labourers - Not an incriminating circumstance against accused as there are many other labourers who were working together at the construction site...........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of eight years old girl - Circumstantial evidence - Merely because accused was not seen near the construction site, when dead body was recovered, it cannot be held incriminating against accused as accused and deceased were not last seen together and even he did not met the deceased on the date of incident...........
