Indian Penal Code, 1860, Section 364, 376(2)(f), 302, 511, 201 -- Kidnapping, rape and murder of 7 years old girl - Circumstantial evidence - Accused kidnapped prosecutrix and after subjecting her to sexual abuse, throttled her to death - Medical report of prosecutrix supported prosecution case, as injuries were found on the body of prosecutrix - Prosecution proved that..........
Criminal Procedure Code, 1973, Section 235 -- Quantum of sentence - Where Supreme Court is hesitant in maintaining death sentence, it may order that convict shall undergo imprisonment for whole of natural life or to a lesser extent as may be specified...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Common intention - All four accused persons held victim forcibly and two of them inflicted knife blows on his body which consequently resulted in death of victim - As all acted together and shared common intention, corroborated by testimony of eye witnesses - Thus, provisions of ss.302 r/w 34 of IPC are attracted -..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Death occurred as deceased was kept in a supine position for commission of sexual assault - However, requisite knowledge that in circumstances such an act may cause death cannot be attributed to accused, in as much as such knowledge and information is in fact parted with in course of training of medical and..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of three plaintiffs - Suit for permanent injunction - Plaintiffs occupying three different portions of suit property and have filed a joint suit for enforcement of their individual right to use the main gate of the same - Case based on common cause of action - On death of one of plaintiffs,..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Murder - Death by fire shot - Distance of fire - Where death is due to injuries or wounds caused by a lethal weapon, it is always duty of prosecution to prove by expert evidence that it was likely or at least possible for injuries to have been caused with weapon with which and in manner in which..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Dying declaration - Murder - Death by fire shot - Deceased was unconscious when he was brought to hospital - Dying declaration recorded on the same day - It is very hard to believe that deceased was unconscious in the noon, regained consciousness in front of SDM that..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Murder - Death by fire shot - Distance of fire - There is variance in the statement of PW8 and PW6 with regard to distance between deceased and accused - Contradiction in the distance of fire is thus, material and it would not be appropriate to convict accused by ignoring such an important aspect -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Murder - Death by fire shot - Recovery of fire arm - No material on record to connect that gunshot injury suffered by deceased was due to shot fired from firearm of accused - Though bullet was recovered but same was not connected with weapon - Motive of offence not proved - Manner and genesis of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B, 498A, 342, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Delay of more than 3 days in lodging FIR - Dowry death - No whisper in the statement of informant that he was illegally detained by accused persons in their house or he was compelled to sign blank papers or he was grief stricken..........
