Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Accused No.1 assaulted deceased with danda and other two accused with knives - Immediate case of occurrence is demanding back money by deceased - Delay in lodging FIR properly explained - Ante-mortem injuries found on body of deceased corroborate the version of FIR - Presence of two injured witnesses stands proved..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Appellant `A' made an extra-judicial confession to the effect that he with assistance of his cousin brother `K' accused has buried deceased in a sugarcane field after committing his murder - Dead body recovered at the instance of appellant `A' - Held, sufficient evidence on record proving culpability..........
Indian Penal Code, 1860, Section 302, 34 - - Murder - Conviction - Validity - Held, simply for the reason that appellant `K' was named by co-appellant `A' as his companion in crime and recovery of `Patal' as well as a bicycle has been shown at his instance, he cannot be held guilty for offence u/s.302 r/w S.34 IPC - Conviction set aside - Appellant `K' acquitted...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 302, 364A, 201, 120B, 34 -- Murder - Plea of juvenility - As per Middle Standard and Matriculation certificates issued by PSEB, accused was aged 17 years 6 months and 12 days at the time of commission of offence - Accused was sentenced to life imprisonment and he is..........
Indian Penal Code, 1860, Section 302, 328 -- Poisoning - Ingredients required to be proved are : (i) that poison or the stupefying substance, which is allegedly administered by any means to the victim, was in possession of accused; (ii) that accused had himself administered the drug or substance or had caused the same to be taken by the victim; (iii) such administration of..........
Indian Penal Code, 1860, Section 328, 307, 302 -- Poisoning - If no hurt or grievous hurt is found to have been caused due to act of administering or making the victim to swallow the poison etc. is caused no offence u/s 328 IPC and for that reason under any provision like that u/ss 307 and 302 IPC is made out...........
Indian Penal Code, 1860, Section 302, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3 -- Explosions and firing - Gruesome carnage resulting in death of 35 persons - Name of appellant No.2 not given in FIR - Injured witness deposing that appellant No.2 was slitting throats of deceased - However, said witness was unable to identify appellant - No other..........
Indian Penal Code, 1860, Section 302, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3 -- Explosions and firing - Gruesome carnage resulting in death of 35 persons - Appellants No.3 and 1 named in FIR - Injured witness deposed that both appellants were slitting throats of deceased - Both appellants were identified by eye witnesses in Court as..........
Indian Penal Code, 1860, Section 302 -- Murder - Rarest of rare case - Death sentence - Validity - Gruesome carnage resulting in death of 35 persons - Incident took place 20 years back - Caste war between haves and have nots - Accused belonged to latter category and possibly participated in crime due to poverty and caste conflict - No women or child got injured in incident..........
Indian Penal Code, 1860, Section 302 -- Seven persons abducted by police - They were found in different police stations and also in residential quarters near the police station - On this evidence, Court cannot hold that the two appellants killed the seven abducted persons only because seven persons have not been traced or are found missing...........
