Indian Penal Code, 1860, Section 302, 149 -- Triple murder case - Sentence - Accused was only 20 years of age at the time of commission of offence - He has undergone an actual sentence for a period of about 15 years and 3 months - Accused was not involved in any other case - Incident occurred in a very brutal manner committed by a group of accused who were armed with..........
Indian Penal Code, 1860, Section 302, 325, 34, 149 -- Murder - Testimony of two injured/eye witnesses - Serious doubt as to whether PW1 and PW2 had really seen the accused assaulting deceased with the blunt edge of spade - Prior enmity between these two eye witnesses and accused - Three independent eye witnesses whose statements were recorded not examined by prosecution -..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of child witness - Identification of accused - PW3 got confused while identifying at least two accused though five accused whom she allegedly named were made to stand separately from remaining accused - Version of PW3 does not inspire confidence - Accused cannot be convicted on basis of such testimony,..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Recovery of weapons of assault - Name of assailants of deceased not established in Court beyond a reasonable doubt - Conviction of accused cannot be based on only evidence of recovery of weapons of assault - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the house of PW1 when only accused and deceased were there - Accused used the spade which was very much available in the house of PW1 - No evidence to establish that accused had any motive to commit murder of her own father - Prosecution has utterly failed to establish that act..........
Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
Indian Penal Code, 1860, Section 366, 376, 302 -- Kidnapping, rape and murder - Enhancement of sentence - On the date of conviction accused was 27 years of age and he had a wife and small child as well as aged parents - He committed first offence and accused has no criminal antecedents - However, this is a case where a fixed term sentence for a period of 30 years must be..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden quarrel picked up by accused when deceased asked them not to shout and vacate the place - No previous motive for accused to kill deceased and neither was there any previous enmity between accused and deceased - Accused were not armed with any weapon when they came to place..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), Indian Penal Code, 1860, Section 302, 342, 397, 449, 120B, 34 -- Juvenile - Offence u/ss 302, 342, 397, 449, 120-B, 34 - Death sentence - Date of birth certificate is the first document to be examined for determination of the age of the accused or convict claiming to be a juvenile on the date of..........
