Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Testimony of sole eye witness - PW6 deposed about one stab wound on deceased - Whereas, postmortem mentions two stab wounds on body of deceased - However, testimony of PW6 as to how incident transpired has remained consistent and u, shattered and can therefore be relied upon -..........
Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Accused were carrying weapon of offence/knife when they arrived together at crime spot to commit robbery - A-1 and A-3 caught hold of deceased while A-2 caused stab injuries using knife - This circumstance coupled with conduct of A-3 threatening to kill PW6, eye witness..........
Criminal Procedure Code, 1973, Section 235(2) -- Imposition of punishment - Discretion of Court - Duty is cast on court to award proper punishment keeping in view nature of offence, its manner of execution etc. - Court to impose such sentence which not only fulfills mandate of statute but also reflects conscience of society as crime committed not only against victim but..........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband - Common intention - A1 to A3 with common intention committed crime, which is proved by prosecution - Mere fact that evidence u/s 120-B IPC is not proved does not in any manner effect charge u/ss 302 r/w 34 IPC - Thus, conviction of A1 to A3 u/s 302 r/w 34 IPC cannot be faulted...........
Evidence Act, 1872, Section 24 -- Extra-judicial confession - Accused confessed his guilt before two witnesses immediately after commission of offence - Said fact is admitted by accused in his statement recorded u/s 313 Cr.P.C. - Moreover, it is apparent that post crime conduct of accused is voluntary and without any discrepancy in evidence of PWs - Therefore,..........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 11, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 409, 120B -- Summoning of additional accused - Misappropriation of amount in State Corporation - Collection of money done in different branch offices spread all over State - However, instructions were being parted through a..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Rape of 8-1/2 years old girl - Testimony of victim is reliable, cogent and trustworthy, which is well supported by testimony of her mother - Medical evidence also corroborates ocular testimony of PWs - Hymen of victim was found ruptured and tenderness was..........
Indian Penal Code, 1860, Section 34 -- Common intention - No pre-concieved or elaborate plan to commit crime is necessary as common intention may also develop just before actual crime is committed - Common intention of accused is to be ascertained from facts and circumstances of each case...........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Basis of conviction - When time gap between point of time when accused and deceased were last seen alive and deceased is found dead, is so small that possibility of any other person other than accused being author of crime becomes impossible...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Last seen theory - Death caused by stabbing knife - Accused has occasion to commit crime as deceased was residing with him in the same house - More so, they were last seen together before crime was committed - Medical and scientific evidence adduced by prosecution clearly..........