Indian Penal Code, 1860, Section 376(2)(g), 302, 364, 404, 120B -- Gang rape - Death sentence - Rarest of rare case exists when an accused would be a menace or, threat to and incompatible with harmony in the society - Gruesome act of raping a victim who had reposed her trust in the accused followed by a cold-blooded and brutal murder of said victim coupled with calculated..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 364, 404, 120B -- Gang rape - Death sentence - Rarest of rare case - Following circumstances cannot be called as mitigating circumstances: (i) age alone cannot be a paramount consideration as a mitigating circumstance; (ii) family background of accused also cannot be said to be a mitigating circumstance; (iii) accused was..........
Indian Penal Code, 1860, Section 364, 302, 307, 120B -- Kidnapping & murder - Conspiracy - Accused persons armed with hockey and swords assaulted PW15 and forcibly took away his wife and killed her - Motive behind murder of deceased is that marriage between deceased and PW 15 was not liked by parents of deceased as she married according to her own will - Evidence of..........
Indian Penal Code, 1860, Section 364, 302, 307, 120B -- Kidnapping & murder - Conspiracy - Telephonic conversation between other accused persons and accused `J' just before and soon after incident, proved on record - No explanation offered by accused `J' that as to how he was in touch with other accused persons - Extra-judicial confession deposed to PW7 by accused `J' that..........
Indian Penal Code, 1860, Section 364, 302, 307, 120B -- Kidnapping & murder - Conspiracy - Prosecution though proved that there were conversation between other accused and accused `D' but such communications were from a land line number which stands in the name of brother of accused `D' - No evidence on record that said land line number was under exclusive control of..........
Indian Penal Code, 1860, Section 364, 302, 201, Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Conviction u/s 302 IPC reversed by High Court as (i) Motive not proved; (ii) Presence of eye-witnesses appeared to be matter of chance; (iii) FIR reached the jurisdictional Magistrate after delay of two days - No interference warranted...........
Indian Penal Code, 1860, Section 302, 363, 364, 376(2)(f) -- Rape and murder of minor - Death sentence - Accused person kidnapped 4 year old girl child, committed rape on her and then hit her with iron spade on vital parts of body and killed her - After considering minutest details, instant case does not warrant award of extreme sentence of death to accused - Therefore,..........
Indian Penal Code, 1860, Section 302, 364, 346, 193, 218, 120B -- Framing of charge - Deceased was a hardened criminal and 20 cases were pending against him thereafter one FIR was also registered against him in which he was also absconding - Deceased was killed by police officials belonging to Special Operation Group (SOG) - Petitioner has not been charge sheeted for..........
Indian Penal Code, 1860, Section 302, 364, 376, 511, 201, 120B, Constitution of India, 1950, Article 72 -- Offence u/ss 302, 364, 376, 511, 201, 120-B - Death sentence - Rejection of mercy petition - Delay of 3 years and 3 months in rejection of mercy petition - No delay or dilatory tactics on part of convict - Execution of death sentence would be unconstitutional as it..........
Indian Penal Code, 1860, Section 120B, 364, 302, 201, 34 -- Murder - Abduction - Circumstantial evidence - co-accused is implicated on the disclosure statement of accused that co-accused hatched a criminal conspiracy in order to extract ransom - on alleged disclosure statement of accused one revolver, one slip and two live cartridges recovered - Evidence of witness stated..........
