Indian Penal Code, 1860, Section 302, 376 -- Rape & murder of six years girl - Conviction based on evidence of PW1 (grandfather), PW4 (nephew of PW1), PW6 (daughter-in-law of PW1), PW13 (neighbour of PW1) & PW5 (grand son of PW1) proving that deceased had gone with accused after coming from school - Medical evidence showing rape and that murder was committed by pressing..........
Indian Penal Code, 1860, Section 302, 376 -- Rape & murder of six years girl - Sentenced to death - Sentence confirmed by High Court - Held, it is not a rarest of rare case warranting extreme penalty of death sentence though it is a heinous crime - Sentence modified by commuting the sentence of death to an imprisonment for life...........
Indian Penal Code, 1860, Section 84, 302 -- Murder of wife and son - Accused annoyed with wife - Took wife and minor son to a secluded place and murdered both of them - Plea of insanity not believable - Nothing on record to infer that the accused was of unsound mind at or about the time of occurrence - Accused took a conscious decision of taking the victims away to a..........
Indian Penal Code, 1860, Section 376(2), 302 -- Rape and murder - Case based on circumstantial evidence - Evidence of last seen - Evidence must definitely permit an inference being drawn that the victim and the accused were seen together at a point of time in close proximity with the time and date of commission of crime...........
Penal Code, 1860, Section 34, 302 -- Murder - Three accused - Charge only under Section 302 IPC framed and no charge had been framed u/S.34 IPC - Conviction of all three accused u/S.302 - Appellant accused could not show that any prejudice was caused to either of the accused persons because of no, framing of charge under Section 34 IPC - Held that even in the absence of..........
Indian Penal Code, 1860, Section 302, 323, 342, 34 -- Private defence - Ownership of tree - Fight in between two families - Death of two of complainant party - Conviction of four of accused party - Complainant party proved to be aggressors by uprooting tree belonging to accused party by trespassing into boundary wall of accused party - Evidence not properly considered by..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Conviction - Appreciation of evidence - Two witness theory - Conviction of 18 persons for offences u/S.302 and 302/149 on the testimony of two PWs - Accused Nos. 9, 10 and 12 identified by only one witness - Held that considering the large number of people involved, it would be prudent in the case to adopt two-witness..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Appeal against conviction - Question of law and fact - Submission made before apex court on the basis of Juvenile Justice (Care and Protection of Children) Act, 2000 - The same neither argued before the trial court that any of the accused was a juvenile nor such point has been taken in the SLP - Held that this is not a..........
Indian Penal Code, 1860, Section 147, 149, 302 -- Deceased first dragged and then thrown into well - Nothing to affect credibility of PWs 4, 8 and 10 - Delay of few hours in recording statements of witnesses no serious infirmity in prosecution case - Evidence of these witnesses wholly reliable - Accused not explaining incriminating circumstances but totally denying from..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of serviceable fire arms after 16 days from a shrub being an open place - Pellets removed from dead body and clothes of deceased not sent for expert opinion - Katta examined by armorer - No eye witness to occurrence - No blood found on body of boy sleeping with deceased - Prior enmity between accused and complainant..........
