Indian Penal Code, 1860, Section 302 -- Murder - Drunken rage - Drunkenness not an excuse for any brutal or diabolic acts...........
Indian Penal Code, 1860, Section 302, 366, 368 -- Murder - Death penalty - Number of persons killed and shocking nature of crime not a criterion to determine whether death sentence should be imposed - Special reasons necessary for imposing death penalty must not relate to the crime as such but to the criminal...........
Indian Penal Code, 1860, Section 302, 366, 368 -- Murder - Death penalty - (i) Life imprisonment is the rule and death sentence is an exception - Death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant facts and circumstances of the crime; (ii) There must be special reasons for imposing the..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Conviction - Testimony of injured found reliable - Corroborated by testimony of ocular witness and by medical evidence - Parties were known to each other and enmity between them stands established - So question of mistaken identity and false implication does not arise - Conviction u/s 307 confirmed...........
Indian Penal Code, 1860, Section 302 -- Murder - Occurrence took place at 2.30 p.m. - FIR recorded at 4.10 p.m. and report sent to Magistrate at 6.30 a.m. - Held, that there was promptness in lodging FIR - Complainant stated in FIR that two appellants caught hold of deceased and third appellant gave 4 blows with a knife on deceased - Version of complainant in FIR not..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Strained relationship between deceased and accused - Other circumstance of blood on axe and clothes of deceased - These circumstances can only be used as corroborative piece of evidence - Both the circumstances are not sufficient to complete the chain of circumstances in establishing guilt of..........
Indian Penal Code, 1860, Section 392, 397, 302 -- Robbery and murder - FIR - Delay - Not fatal as it is not the case of accused that after occurrence some deliberations took place in order to falsely implicate the appellant in the case...........
Indian Penal Code, 1860, Section 397, 392, 304 (Part II) -- Robbery with murder - Accused robbed car and tractor of deceased and threw him in canal who died - No evidence to suggest that accused had intention to cause death - Offence committed amounts to culpable homicide not amounting to murder - Conviction u/s 302 IPC set aside - Accused convicted u/s 304 Part II IPC and..........
Indian Penal Code, 1860, Section 302 -- Murder - Ocular evidence not supported by medical evidence - Defence plea of alibi created a reasonable doubt in prosecution case - Non compliance of S.157 Cr.P.C. raising a serious doubt about lodging of FIR in time and dated - Defence version appearing more truthful - Accused entitled to benefit of doubt - Accused acquitted...........
Criminal Procedure Code, 1973, Section 156(3), 202, Indian Penal Code, 1860, Section 302 -- Murder - Police not registering the case - Request for sending complaint u/s 156(3) Cr.P.C. declined - Held, it would have been proper for Magistrate to send the complaint to police for registering an FIR u/s 156(3) Cr.P.C. and investigate - If not, then Magistrate should have sent..........
