Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 354, 366 -- Head of deceased battered repeatedly by a blunt weapon and then kerosene poured on her and she was put on fire - Deceased was killed in a barbaric and brutal manner - Appellant was alone with the deceased at that time - Supreme Court taking a serious view of crime against women -..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 32, 137, 72, 161 -- Judicial review of clemency power of President and Governor - Death sentence awarded to petitioner in a murder case - Governor commuted the death sentence into life imprisonment - Quashing of order - Held, unless the exercise..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 366, 368 -- Death sentence - Rarest of rare case - Case of bride burning fall in the category of rarest of rare case and hence deserve death sentence - Rarest of rare case does not mean that the act is uncommon - It means that the act is brutal..........
Criminal Procedure Code, 1973, Section 302 -- Engagement of private counsel to conduct prosecution - Magistrate permitted petitioner to engage private counsel to conduct prosecution - Permission restricted that counsel shall act on directions of Public Prosecutor - Held, it is aptly clear from S.302 of Code that permission to conduct prosecution through private counsel..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Statement of accused u/s 313 Cr.P.C. - Object is to establish a direct dialogue between the court and the accused - Omission on the part of trial court to put question of an inculpatory material in the prosecution evidence - Held, it will not ipso facto result in the..........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 302, 34 - - Conviction - Murder - Principle of `uno falsus uno omnibus' - Held, this principle is not applicable in India - In present case, merely on the ground that in respect of two accused, witnesses did not support prosecution story, it cannot be said that they are lying as against other two..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per evidence on record, all eye-witnesses resiled from their statements - However, when accused was examined u/s 313 Cr.P.C. but no question with regard to motive put to accused - If motive is proved that will supply a..........
Criminal Procedure Code, 1973, Section 210, 223, Indian Penal Code, 1860, Section 302 -- Complaint case and FIR arising out of the same incident - Version in complaint case and FIR totally different - Both cannot be clubbed if the version in the two cases are materially different, contradictory and mutually exclusive - Two trials should be conducted by the same presiding..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c), 6, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302 -- Parole - Petitioner was convicted and sentenced to undergo life imprisonment u/s 302 IPC - Petition for grant of agricultural parole for six weeks u/s 3(1)(c) - Commissioner held that convict may commit any..........
Indian Penal Code, 1860, Section 302, 395, 295, Criminal Procedure Code, 1973, Section 173, 228 -- Anti Sikh riot case - Delay of 25 years in investigation and presentation of charge sheet - Quashing of the charge sheet sought on the ground that delay of 25 years was violative of Article 21 of the Constitution under which right to speedy trial is a fundamental right -..........
