Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504 -- Triple murder case - Death sentence - Trial Court awarded death sentence to accused on the ground that accused were guilty of committing cruel and heinous offence - Reasoning given by trial Court, does not convince that case comes under the rarest of rare category, which warrants penalty of death sentence -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 148, 149, 506, 324, 326, 201 -- Anticipatory bail - Murder case - Main accused already in custody - No direct role/injuries attributed to present petitioners - Petitioners who all are ladies are stated to be part of conspiracy and carrying danda and brick bats - At the initial stage..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Accused fired with 12 bore gun causing simple injuries to victim - Though 35 to 40 pellets discharged from the gun struck in the body of victim but he did not sustain any grave or fatal injury - Accused had no intention to kill victim, as he did not repeat the fire - More so, accused immediately ran away..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification parade (TIP) - First TIP conducted after about 1-1/2 months of incident - Second TIP was conducted after more than a year of incident - It is doubtful whether eye-witnesses could have remembered the faces of accused after such a long period - Though incident..........
Indian Penal Code, 1860, Section 307, 120B -- Offence u/ss 307, 120-B IPC - No evidence on record to connect accused with co-accused except motive and threats extended by accused - Evidence with regard to interrogation and list of call details already discarded being inadmissible evidence - Prosecution miserably failed to connect accused with person who actually fired - It..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 504, 506 -- Bail - Offence u/ss 307, 504, 506 IPC - Statement of victim categorically implicates that accused is the author of firearm wound received by him, which is on the most vital part of the body abdomen - Medical evidence supported version of victim - It is immaterial that a person who..........
Indian Penal Code, 1860, Section 323, 325, 307, 149 -- Offence u/ss 323, 325, 307, 149 IPC - Testimony of complainant is replete with contradictions and is not supported by other witnesses - Complainant stated that his sister-i, law and his cousin also received injuries in the incident but these witnesses not examined by prosecution - PW2 not supported case of complainant..........
Indian Penal Code, 1860, Section 307, 324, 323 -- Offence u/ss 307, 324, 323 IPC - Accused caused 13 injures to victim with a knife - All the injuries were simple in nature - Oral evidence of victim corroborated from medical evidence - Weapon of offence recovered from possession of accused - Conviction affirmed...........
Indian Penal Code, 1860, Section 307, 324, 323 -- Offence u/ss 307, 324, 323 IPC - Quantum of sentence - Incident occurred on a trifle matter i.e loan of Rs.1000 taken by husband of complainant from accused - Victim sustained 13 injuries - All injuries were simple in nature - Appellant faced agony of proceedings for more than 14 years - At present accused is 74 years old..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Doctor opined that injuries were minor - S.307 IPC is not attracted - Conviction u/s 307 IPC set aside...........
