Indian Penal Code, 1860, Section 302, 307, 506(2), 450 -- Triple murder case - Death sentence - High Court while confirming death sentence failed to look at aggravating and mitigating circumstances of criminal - No evidence as to uncommon nature of offence or improbability of reformation or rehabilitation of accused - Fact that accused had no previous criminal record apart..........
Indian Penal Code, 1860, Section 498A, 307, 34 -- Cruelty - Attempt to murder - Evidence on record unerringly points towards guilt of accused in subjecting his wife to cruelty during her stay at matrimonial home and setting her on fire thereby causing burn injuries on her person which according to doctor had it continued for some more time, it would have been fatal -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused who confined in jail allegedly assaulted another under trial prisoner with a broken brick - Motive behind the crime not proved by prosecution - Presence of brick inside the jail appears to be doubtful, as the evidence of jailor PW2 is silent as to where he brought brick and produced it before I.O - Medical..........
Indian Penal Code, 1860, Section 302, 307, 324, 326, 448 -- Murder of three minor children and also caused serious injury to fourth minor child - Accused not a previous convict or a professional killer - Motive of accused to commit murder and eliminate family of co-brother is out of family dispute - Case does not fall within category of rarest of rare case warranting death..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 323, 307, 506, 467, 468, 471, 201, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 148, 149, 323, 307, 506, 467, 468, 471, 201, 120-B IPC and Ss.25, 27 Arms Act - Admittedly, it is a case of version and cross-version and petitioner himself is injured - `L' who is accused in..........
Indian Penal Code, 1860, Section 307, 34 -- Reduction of sentence - Attempt to murder - Conviction - Prosecution witness clearly establishing that he had sustained injuries inflicted by accused persons using sharp weapons - Testimony of prosecution corroborated by evidence of medical officer, which also shows that injuries might have caused death - Offence punishable..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Sentence - Modification - For offence of murder, minimum sentence is `life imprisonment' - High Court cannot modify the sentence to one already undergone - Modification done by High Court was erroneous - Order of High Court removing the cap of 30 years is not correct thus, set aside...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - In first charge sheet and second charge sheet, trial Court awarded consecutive sentences and not concurrent sentences - Both cases were tried together - Conviction was recorded by one common judgment - Sentences were also recorded by one common order - High Court rightly concluded that sentences to run..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Conviction - Accused found guilty of two murders and sentenced to undergo 30 years of imprisonment with fine of Rs.3 Lakh - Appreciation of evidence - High Court after taking note of testimony of eye-witnesses recorded brief description of depositions of these witnesses - Furthermore, Court also taken note of..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 34 -- Test Identification Parade (TIP) - Murder - TIP of accused conducted after 5 days from the incident - No explanation given for such delay - A-3 not identified during TIP - However, A-3 was identified in Court - This itself raises doubt about genuineness of TIP proceedings as well as dock..........
