Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - False implication - PWs examined by investigating agency at the interval of almost four years - Except some inconsistencies in the testimony of PWs, their testimony qua incident and attendant facts and circumstances exculpating accused has remained same - There is no reason forthcoming for re-examining..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, 323 -- Murder - Unlawful assembly - Common object - Accused no.1 arrived at the scene of occurrence with nine armed men out of which three were equipped with knives and rest were equipped with sticks - Incident occurred as a result of cold blooded plan to murder deceased - Nature of injury inflicted on the vital..........
Criminal Procedure Code, 1973, Section 235(2), Indian Penal Code, 1860, Section 376, 302, 392 -- Death sentence - Rape and murder - Parties heard on sentence and accused sentenced to death on the same day - Merely because no separate date is fixed for hearing on sentence, it cannot be said that there is violation of S.235(2) Cr.P.C., as there is no mandate in S.235(2)..........
Indian Penal Code, 1860, Section 376, 302, 392, Evidence Act, 1872, Section 118 -- Rape and murder - Robbery - Child witness - Death sentence can be imposed on accused on the basis of testimony of child witness aged 7 years, if statement of child witness is natural, trustworthy and without any chance of being tutored, as it cannot be taken as mitigating circumstances of..........
Indian Penal Code, 1860, Section 376, 302, 392 -- Rape and murder - Robbery - Death sentence - Accused committed number of crimes not only before the incident but also within two days subsequent to present crime - As regarding leaving PW2, child unharmed, it is apparent that he was on a hasty retreat from the place of incident - Merely because accused is 30 years of age,..........
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..........
