Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Death sentence - Some of accused were sentenced to death by trial Court for committing the gruesome murders of three youngsters in a barbaric manner - However,..........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Medical evidence - Cause of death was asphyxia caused by strangulation and not due to drowning - Post mortem report corroborates prosecution version that victim was raped and murdered - Even, post mortem report and inquest panchnama confirm the date when crime was..........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Death sentence - Accused had no criminal antecedents - There is no evidence presented to prove that commission of offence was pre-planned - No case of State that accused cannot be reformed and is a continuing threat to society - Conduct of accused in jail is..........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Death sentence - Low age of victim - Cannot be considered as only or sufficient factor for imposing death sentence...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 302, 120B -- Anticipatory bail - On parity basis - Absconding accused - Dowry death - Allegation against mother-in-law of deceased - Specific allegation on record accusing mother-in-law of deceased of paying a key role in alleged offence - Conduct of accused absconding for more than 2 years..........
Indian Penal Code, 1860, Section 304(Part I), 304PartII, 34 -- Nature of offence - Incident occurred one day prior to Panchayat elections - Scuffle had taken place between parties on spur of moment and a sudden fight had taken place in the heat of passion upon a sudden quarrel - Occurrence was not a pre-mediated one and there was no intention on part of accused and..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Death by burning - Circumstantial evidence - Accused was not the only person residing in the house where incident took place - PW1 saw father-in-law of deceased extinguishing fire - Relationship between accused and deceased was not strained - No explanation brought on record by prosecution for delay..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased was harassed with a view to coerce her to meet unlawful demand of Rs.25,000 and such harassment was on account of failure by her to bring the said amount from her father who was financially incapable to meet such demand - Suicidal death by consuming pesticide stands affirmed by evidence..........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Motive - Allegation that accused/second wife burnt first wife and her two children in order to remove them from her marital life with A-2 - Second marriage had been registered after an arrangement for maintenance was made to first wife for only a portion of property in which all are..........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Non-explanation of eruption of fire in the house by accused would not be held against her, particularly when fire had erupted at midnight when accused and others were sleeping and she came out shouting - Moreover, explanation for cause of fire by accused would arise only if there was any..........
