Criminal Procedure Code, 1973, Section 377, Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Honour killing - Sentence - Enhancement of - Prosecution preferred an appeal u/s 377 Cr.P.C. before High Court for enhancement of sentence from life imprisonment to death sentence - High Court have power to enhance the sentence from life imprisonment to death sentence...........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Honour killing - Accused convicted - Imposition of fixed term of sentence - Identification of deceased - Deceased was burnt to such point that his own mother could only suggest the identification from the small size of one u, burnt palm - Identification had to be confirmed by DNA testing - Evidence on record..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Honour killing - Accused committed murder of deceased, as he had inimical relations with the sister of accused and he also belongs to other caste - Dead body of deceased was also burnt by accused after removing his clothes, wrist watch and mobile - Crime was committed in a planned and cold blooded manner with..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Honour killing - Accused convicted - Fixed term sentence - Where Court does not intend to impose death sentence because of certain factors, it may impose fixed term sentence keeping in view public concept with regard to deterrent punishment - Fixed term sentence cannot be said to be unauthorized in law...........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Concurrent running of sentences - Honour killing - Accused convicted and sentenced to undergo fixed term of 25 years u/ss 302, 34 IPC, and 10 years of R.I u/s 364 IPC and also sentenced to undergo R.I for 4 years u/s 201 IPC and to pay fine of Rs.2000 and in default of payment..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per prosecution version husband of deceased was having an affair with another lady and caused death of deceased with rope and then hanged her with Dupatta - As per evidence on record there is no eye-witness to said incident - Medical evidence does not..........
Indian Penal Code, 1860, Section 304B, 302, 201, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - One of the brother of deceased has clearly deposed that deceased died accidentally and that deceased has also informed him before her death that her husband and his family members had never demanded any dowry - Even , photographs reveal that at the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is a habitual offender and several cases pending against him - Crux of the charge against accused is that he entered into an conspiracy and in furtherance thereof, had eliminated a witness in an earlier case against him - Accused was in judicial custody on..........
Indian Penal Code, 1860, Section 302 -- Murder - Inquest report - Not necessary to mention name of accused in inquest report - However, when PW1 disclosed the name of accused in FIR and he himself was also a witness of inquest along with PW4, then natural conduct is that he should also tell the name of accused to I.O. - Such lapse creates doubt regarding prosecution case...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased attacked by `Phawra' and neck of deceased was beheaded from the body - Eye witnesses stated that accused ran away from the scene of occurrence along with `Phawra' and head of deceased - However, PW5 Inspector stated that only `Phawra' was recovered from accused and head of deceased was not recovered - Even in the..........
