Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death in matrimonial home within 1-1/2 years of marriage - Dying declaration - Accused convicted on basis of dying declaration alone...........
Indian Penal Code, 1860, Section 302, 34 -- Death by burning - Conviction - Appellant had seen deceased burning in the room but did not make efforts to save her - Match box not found in the room where deceased was burnt shows that act of setting her on fire was not of her own act - Appellants having burn injuries indicates that they set deceased on fire - Presence of blood..........
Indian Penal Code, 1860, Section 302 -- Murder - Material contradiction in testimony of PW's - Name of accused not mentioned in FIR - Delay of eight hours in lodging FIR - PW's cannot be believed that they could have identified any of the accused merely by the moonlight - Since accused persons had the torches with them, PW's would have been partially blinded by the torch..........
Indian Penal Code, 1860, Section 302, 304 -- Sudden quarrel between husband and wife - Accused inflicted a single blow on left side of abdomen of wife resulting in her death - Offence committed in heat of passion without the offender having taken undue advantage and not having acted in a cruel manner - Conviction altered from S.302 to S.304 Part I IPC - Accused sentenced..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 235 -- Murder - Sentence - If for extremely heinous crime of murder perpetrated in a very brutal manner without any provocation, most deterrent punishment is not given, the case of deterrent punishment will lose its relevance...........
Indian Penal Code, 1860, Section 302, 304 -- Part I - Benefit to non appealing accused - Conviction altered from S.302 to S.304 Part I IPC - Non appealing accused stand on the same footing - Conviction of appellant also altered to conviction u/s 304 Part I IPC...........
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 366 -- Rape and murder of 5 years girl - Death sentence - While deciding the question as to whether the extreme penalty of death sentence is to be awarded, a balance sheet of aggravating and mitigating circumstances has to be drawn up...........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 5 years girl - Death sentence - (i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability; (ii) Before opting for the death penalty the circumstances of the `offender' also require to be taken into consideration along with the circumstances of the `crime'; (iii) Life..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 5 years girl - Death sentence - When the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty, the same can be awarded -..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 354 -- Murder - Death sentence - Pre planned cold blooded murder - Murder committed in such a manner that it did not cause any mental and physical pain to victim - Death sentence commuted to life imprisonment...........
