Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302 -- Murder - Test Identification Parade - Eye witnesses (wife of deceased and two others) identified accused for the first time in the court - Incident took place about 8 years back - Murder took place in a brutal manner - Held, it is insignificant if no test identification parade conducted during..........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Life imprisonment is the rule and death penalty an exception - Held, death penalty is justified : (i) when the crime is enormous in proportion, for instance when multiple murders, say of all or almost all the members of the family or a large number of persons or a particular caste, community, or locality are..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging the FIR - Murder allegedly took place at one or two a.m. - Incident witnessed by wife of deceased aged 75 years who gave statement to Village Administrative Officer at 8.00 a.m. - Information conveyed to police station at 10.00 a.m. which was 7 k.m. away from..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Brutal murder at night - Occurrence witnessed by wife of deceased - Evidence of wife and son of deceased found credible - Eye witnesses account fully corroborated by medical evidence - Acquittal set aside - Held, mere fact that witness of extra judicial confession or recovery of weapon etc...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Previous enmity - Assault with sharp cutting weapon such as sword or chopper - 20 Ante mortem injuries inflicted - Accused previously known to eye witnesses - Corroboration of testimony of eye witnesses in material particulars - Sword recovered at instance of accused - Medical evidence leading to conclusion that death..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366 -- Two kids roasted to death - Trial court awarded death sentence - High Court converted death sentence to life imprisonment and further ordering that accused should not be released before serving 20 years of imprisonment - Appeal in Supreme Court came up for hearing when accused already..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 354 -- Murder - Death sentence - Entire family of three persons consisting of mother and two children wiped out in a brutal manner to grab property - Crime committed and executed after closing the doors - 37 knife injuries inflicted on three innocent persons and that too on vital parts - Held, it..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Triple murder - No evidence except dying declaration recorded by Inspector - Doctor certified that deceased was in a fit mental state - Inspector who recorded the statement was cross examined, but his evidence not shattered by defence - Though deceased received knife injuries on her neck, but was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Meaning of - Means pre-arranged plan - It should be anterior in point of time to the commission of crime and may develop on the spot - Allegation that father (A-1) along with his two sons (A-2 and A-3), armed with lathis and rifles, went to deceased house to teach him lesson as deceased declined to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased died of burn injuries - Three dying declarations recorded - One by Magistrate, second by police and third by husband of deceased - In first two dying declarations, she described the incident as incidental - In the third, she held accused responsible for her death..........
