Indian Penal Code, 1860, Section 302, 120 -- Murder - Death sentence - Murder of five women including a pregnant woman and two children of 1-1/2 and 2-1/2 years - Murder calculated plan of committing robbery and to do away with witnesses - Case rarest of rare cases warranting extreme penalty imposable by law - Death sentence awarded by trial Court as confirmed by High..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Murder - Alteration of conviction into S.304 Part II - Absence of intention to cause the death coupled with the lack of knowledge that death would be inevitably caused on account of the injury would make the offence fall only under S.304 Part II, IPC and not under S.302 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Deceased set ablaze by wife, co-brother, father-in-law and brother-in-law - Material facts stated in dying declaration corroborated by various witnesses and attending circumstances - Wife gave kerosene on the asking of her father without knowing for what purpose kerosene has been obtained by..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Rarest of rare case - Appellant caused death of four persons of a family in most cruel, heinous and dastardly manner - Crime committed by appellant is not only shocking but it has also jeopardized society - Awarding of lesser sentence only on ground of appellant being a youth at the time of occurrence cannot..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Clear evidence of eye witnesses - No material contradiction in prosecution shown - Non examination of Investigating Officer - Not fatal to prosecution case in absence of prejudice to accused - Plea of conversion of sentence to one under S.304 Part I or Part II on ground there was no..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Venue of incident proved - Both accused proved to be armed with double barrel guns which shows that they were aggressors - Evidence of Ballistic Expert shows that pellets removed from body of deceased could have been fired from those double barrel gun - Injuries suffered by accused could be by reason of other group..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Held, where prosecution wants to prove guilt of accused by circumstantial evidence, it is necessary to establish that circumstances from which a conclusion is drawn should be fully proved - Circumstances should be conclusive in nature - All facts so established should be consistent only with..........
Evidence Act, 1872, Section 6, Indian Penal Code, 1860, Section 302 -- Murder trial - Circumstantial evidence - Facts forming part of same transaction - Relevancy of - Accused alleged to have killed his wife and daughter - Statement by father of deceased wife that father of accused told him on telephone that his son had killed deceased - Absence of finding as to whether..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased was on inimical terms with both accused - Fact that either may have had his own motive for killing deceased not relevant in determining common intention as required u/s.34 - Held, accused facilitating offence by holding deceased and asking co-accused to shoot is sufficient to hold accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Time and place of occurrence established - Testimony of eye-witness corroborated by unshaken testimony of other prosecution witnesses and also by post-mortem report - No enmity established between accused and eye-witness - Naming of accused and detailed account of incident within short while of occurrence in FIR..........
