Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Murder case - No incriminating evidence brought by petitioner which create an adverse opinion regarding conduct of respondent after grant of bail or that he threatened any witness or has tried to run away from justice - No cogent evidence on record which shows that respondent has instigated or promoted..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Recovery of iron wires & iron pipe - Accused `R' suffered a disclosure statement regarding recovery of iron wire and iron pipe with which murder was committed - As per FSL report, piece of electric wire tested negative for blood and on iron pipe though blood was found positive but was not..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of scooter, purse & shoes of deceased - Recovery of scooter effected from open place and accessible place - Recovery of scooter at the behest of accused `R' is thus excluded - As regarding disclosure statement regarding other recoveries, same are not attested..........
Indian Penal Code, 1860, Section 302 -- Murder - Commutation of death sentence to life imprisonment - Murder of five relatives of rape victim - Death sentence - Mercy petition rejected after 13 years and 5 month by President - Undue, inordinate & unexplained delay in disposal of mercy petition confers a right on condemned prisoner to get his death sentence commuted to life..........
Indian Penal Code, 1860, Section 302 -- Murder - Commutation of death sentence to life imprisonment - Murder of five relatives of rape victim - Death sentence - Rejection of mercy petition - Non-placing of material fact before President - Factum of petitioner being acquitted of rape charge by Court was not put up before President along with mercy petition by authorities -..........
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 387, 120B -- Extortion - Criminal conspiracy - Evidence on record establishes that threat contained in ransom letter in all probability emanated from respondent No.2 and role assigned to respondent No.3 was limited to deliver the ransom letter - No evidence on record which proves that there was a meeting of mind of respondent No.3 to commit..........
