Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of three eye witnesses - Eye witnesses deposed about presence of deceased at the pond and presence of accused at the place of occurrence - They also stated that accused having exhorted co-accused to kill deceased and co-accused shooting the deceased, as a result deceased sustained injury on chest and collapsed..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused reached the spot with a lathi along with co-accused who had a pistol - Evidence on record established common intention in pursuance of which accused exhorted co-accused to kill deceased - Accused's exhortation was crucial to commission of crime since it was only after he made statement that..........
Indian Penal Code, 1860, Section 302, 364A, 201, 120B, Constitution of India, 1950, Article 226 -- Writ petition - Against order affirming death sentence - Consideration of a writ petition founded on the ground of delay in disposal of mercy petition or application for commutation of sentence, would be distinct and different from original proceedings which culminated in..........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 376, 506 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - FIR was lodged initially u/s 294 IPC and S.376 IPC was added later on - No internal and external injury was found on person of prosecutrix as per her medical report - Hymen was found old torn..........
Indian Penal Code, 1860, Section 302, 201, 506B -- Murder - Death Sentence - It does not appear that accused was given a meaningful time and a real opportunity of hearing on question of sentence - It does not appear that the courts below have drawn a balance sheet of mitigating and aggravating circumstances - Therefore, inclined to convert sentence imposed on accused from..........
Indian Penal Code, 1860, Section 302, 201, 506B -- Murder - Death penalty - Trial court as well as High Court has only taken into consideration the crime but have not taken into consideration criminal, his state of mind, his socio-economic background etc. - It is bounden duty to take into consideration the probability of the accused being reformed and rehabilitated -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against husband - Unnatural death of deceased occurred due to poisoning - There was demand of dowry as proved by evidence of parents of deceased - Even, deceased was sent back to her parental home to secure fulfillment of said demand, but parents of deceased being unable to fulfil demand had counselled and..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against mother-in-law - No specific instances referred by trial Court while convicting accused, where she had been ascribed any specific role in making demand and inflicting cruelty - Presence of accused at the time of occurrence not spoken about - No specific evidence with regard to demand being made by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Permission to go abroad - Cheating - Dispute is about a loan of Rs.11 crores for which Promoters/Directors have already mortgaged 26 acres of factory land and a 8 kanal house in Chandigarh and thus interest of..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
