Indian Penal Code, 1860, Section 302 -- Murder - Murder took place in front of the house of the deceased while he was returning after answering the call of nature - Son of the deceased the only eye witness - The presence of the son and the father quite natural - No reason with the family of the victim to allow the actual culprits go scot free and implicate innocent persons..........
Indian Penal Code, 1860, Section 302 -- Murder of five members of family - Death sentence - Motive not proved - Case based on circumstantial evidence - Not a rarest of rare case - Death sentence commuted to life imprisonment but accused not to be released before completion of 20 years imprisonment...........
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 366 -- Rape and murder - Death sentence - Guidelines - Death sentence can be awarded when the collective conscience of the community is so shocked when it will expect the holders of the judicial power centre to inflict death penalty - The community may entertain such sentiment in the..........
Indian Penal Code, 1860, Section 302, 364, 201, 171, 420 -- Appeal against conviction - No direct evidence to prove murder or motive - Dead body not recovered - It is not clear in what manner murder was committed - Offence of murder not proved - As far as offence of cheating, impersonation, abduction, and causing disappearance of evidence is concerned the same is proved..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 5 years girl - Death sentence - When the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty, the same can be awarded -..........
Indian Penal Code, 1860, Section 302, 498A -- Cruelty - Murder - Circumstantial evidence - Motive - Proof - There is evidence to show that accused was suspecting fidelity of his wife all the time and he did not allow deceased to talk to any person - He was feeling happy in ill-treating and harassing her by beating and abusing - Held, motive plays an important role in a..........
Indian Penal Code, 1860, Section 302 -- Triple murder - Death sentence - Appellant committed murder of his wife and two children - Motive behind murder established as appellant had imposed allegations of infidelity on his wife - Appellant was seen while coming out of house in early hours of morning - No explanation given by appellant as to how his wife and two children..........
Evidence Act, 1872, Section 32 -- Murder of witness - Statement of that witness in a abduction case - Statement of witness u/s 161 Cr.P.C. was not in regard to the case of death or as to any of the circumstances which resulted in his death - This statement although could be proved as there would not be any bar u/s 162 Cr.P.C. for proof of such statement but it would not be..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Deceased was not good looking and she could not conceive - Deceased had to be married to another bachelor male of the family under pressure from Panchayat - There was every reason for accused to be unhappy with the deceased...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Deceased was last seen alive in the company of appellant - Motive behind death of deceased was business rivalry - Appellant absconded immediately after deceased disappeared - Plea of alibi taken by appellant found false - Chain in the link evidence found complete - Conviction upheld...........
