Indian Penal Code, 1860, Section 302 -- Murder - Reduction of sentence - Accused served the sentence for more than 16 years without remission - Govt. directed to consider as to whether accused has satisfied the requirement of Resolution dated 11.04.2008 read with Annexure I and, if that be so, he may be set free if the period undergone by him without remission satisfies..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death of woman by pouring kerosene and set her on fire - Dying declaration - Involvement of six family members - Every body roped in for every event as such it is not possible to segregate or sever the actions of one from another - Two accused proved plea of alibi - Events show that deceased was very..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302 -- Murder - Further investigation - Transfer of investigation to CBI - Permissibility - Charge-sheet has been filed and departmental action taken against erring officials - Held, matter cannot be referred to CBI for further investigation after filing of charge-sheet by State Investigating..........
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..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, Criminal Procedure Code, 1973, Section 378 -- Murder - Prosecution witnesses made important and material improvements in the original case of prosecution - Evidence of witnesses shows that only one shot was fired on the deceased - Post mortem report shows 16 gun shot injuries on the deceased - Injuries sustained by other..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Accused allegedly killed deceased who had come with hope that their money would be multiplied - Fact that accused had deliberately spread news that one of them had supernatural power to multiply money proved on record - Evidence on record shows that accused had arranged lodge for deceased and..........
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 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...........
