Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Murder of six members of one family - No material on record that gravity of crime caused revulsion in society or that it had materially disturbed normal life in society - No meaningful discussion on why, if at all, accused could not be reformed or rehabilitated - Since there is no material on record that accused..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302 -- Rape and murder of 3 year old girl - Death sentence - Sentence of death should be awarded only in the rarest of rare cases, only if an alternative option is unquestionably foreclosed and only after full consideration of all factors keeping in mind that a sentence of death is irrevocable and irretrievable upon..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Custodial death -- Compensation - High Court directed State to make over a sum of Rs.7 lakhs by way of compensation to petitioners and same would be recovered from I.O in charge - I.O contended that unless and until liability or responsibility is fixed, appellant ought not to have been directed to make over payment - Direction of High Court modified and state that as and..........
Indian Penal Code, 1860, Section 393 -- Robbery - Evidence on record shows that all the accused were jointly concerned in commission of crime - Even though each accused may not be concerned in causing of injury on PW7, but recoveries effected at the time of apprehension and arrest which was soon after the occurrence, would make them liable independently of knowledge or its..........
Indian Penal Code, 1860, Section 323, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Jab on shoulder of student by teacher - No mark of violence or injury on the body of minor child - Chastisement was done in good faith for the benefit of the child - Parents, teachers and other persons in loco parentis are entitled as a disciplinary measure to..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Recovery of blood stained clothes - Clothes were recovered at the instance of accused and duly proved in evidence - This equally is one of relevant circumstances in proving chain of event which led to commission of crime, which was not challenged by..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - Discovery of weapon of crime and lock and key of shop of deceased where he was found dead - Weapon of offence was discovered at the instance of A-3 and lock and key discovered at the instance of A-1, which was proved with the aid..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Role of A-5, A-6 and A-7 in commission of crime - Prosecution failed to prove beyond doubt that A-5 fired from his firearm, which missed as alleged - No evidence on record in the form of recovery of weapon or even missed bullet - A-5 thus, entitled to be acquitted on ground of benefit of doubt - So far as A-6 and..........
Indian Penal Code, 1860, Section 302, 309, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Accused and deceased living together at the relevant time in their house - Some quarrel between accused and deceased was occurred prior to incident - Dead body of deceased found on the said house - No explanation given by accused as to how incident had happened in the..........
