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, 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 302, 324, 149, 147, 148, 201 -- Murder - Common object - Accused was carrying no weapon and he did not assault anybody - Only evidence of his involvement is that he pointed to the house where deceased was hiding - Mere fact that accused was not brave enough to conceal where victim was hiding did not make him a part of unlawful assembly -..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 14 -- Murder - Accused took deceased to a doctor which shows absence of intention to kill him - However, absence of intention to kill is not relevant as injuries found by PW3 on the face of deceased which were not the ante mortem injuries establish that before throwing the body of the deceased in a..........
Criminal Procedure Code, 1973, Section 439 -- Interim bail - Murder - Plea of juvenility - Age of petitioner recorded by trial Court as 16 years and odd - Petitioner in actual custody of excess of three years, which is the maximum for a juvenile - Petitioner released on interim bail on such terms and conditions as may be imposed by Sessions Court - Sessions Court directed..........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Hostile eye witness - Triple murder case - Honour killing - Unlawful assembly - Evidence of PW1 was initially recorded and she narrated sequence of events and involvement of accused in the..........
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 - Informant initially mentioned the names of only 35 persons and 10 days thereafter he implicated 19 other persons - Accused contended that 19 persons who were made..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Hostile eye witness - Triple murder case - Honour killing - Unlawful assembly - Testimonies of eye witnesses - All four eye witnesses are reliable and inconsistencies and contradictions in their evidence are trivial -..........
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 - Harrowing torture of three deceased continued for 12 hours with the participation of accused in Panchayat was proved by testimony of eye witnesses - Deceased were..........
