Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 27 -- Murder - Two sets of clothes having blood stains i.e. on which was on person of appellant at time of his arrest which had blood stains and another which was recovered at instance of appellant from house - Shows that recovery was planted on and cannot be believed and also seizure of blood stained shirt..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Eye witness has stated that he is related to accused person which means he was also related to deceased as accused persons and deceased were related - Despite being related to deceased, after death of deceased, witness did not go to house of deceased who was also residing in same area as..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Delay of almost 15 days in recording statement of witness - No explanation has been given for delay in recording statement - Conduct of witness is also found u, natural inasmuch as form date of incident i.e. 06.05.2012 till 21.05.2012, witness did not narrated incident to any person - In..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Witness was 16 years old when his evidence was recorded - Witness evidence was recorded about one year and four months after incident - Evidence show that witness was minor at time of incident and as he was frightened, he did not go to graveyard for attending funeral - Look at all these facts,..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 300 -- Murder - Delay of 14-15 days in lodging FIR - Complainant being a helpless, illiterate villager, not understanding importance of setting law in motion by lodging FIR - After recovering from pain and grief due to death of his daughter, went to police station and came to know that no..........
Indian Penal Code, 1860, Section 300, 302 -- Double murder - Death sentence - Accused murdered his wife, whereby her foetus also died - No history of previous conviction of accused - Death of house wife is not rarest of rare case in context of present day situation of our society - No material on record showing that accused would be menace to society - Death sentence..........
Indian Penal Code, 1860, Section 300, 302, Criminal Procedure Code, 1973, Section 433A -- Double Murder - Death sentence - Death sentence modified to life imprisonment - Case falls under special category of sentences - Accused shall not be released from prison till completion of his actual imprisonment for 20 years...........
Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 3, 106 -- Murder - Circumstantial evidence - Accused murdered his son and wife in house - Extra marital relation between accused and sister of wife, serve motive for murder - No eye witness to incident and each circumstance has been linked to from a link as: (i) Victims are wife and son of accused..........
Indian Penal Code, 1860, Section 300, 302 -- Murder - Death sentence - Death of both victims was not only pre-planned, brutal and cold blooded but appellant was aware that if he was in his senses he would not be able to kill victims and it for this reason that he consume country liquor before entering his house on fated night - Accused found to uneducated and belonging to..........
Indian Penal Code, 1860, Section 300, 302 -- Murder - Death sentence - "Rarest of Rare Case" - Accused murdered his son and wife in house - Extra marital relation between accused and sister of wife, serve motive for murder - While applying test of "Rarest of Rare Case" it is perception of society which must be considered and not option of Judge and society would abhor rape..........
