Murder Conviction-Sections 302 IPC and 120-B IPC-The duty of the appellate court is to consider and appreciate the evidence adduced by the prosecution and arrive at an independent conclusion. Like the trial court, the appellate court also must be satisfied of its conclusion.
MURDER: Merely because the other three accused persons i.e. the present respondents had not used their weapons does not absolve them of the responsibility and vicarious liability on which the very idea […]
MURDER- DEATH SENTENCE CONFIRMED-the victim was barely a two-year old baby whom the appellant kidnapped and apparently kept on assaulting over 4-5 hours till she breathed her last. The appellant who had no control over his carnal desires surpassed all natural, social and legal limits just to satiate his sexual hunger. He ruthlessly finished a life which was yet to bloom. The appellant instead of showing fatherly love, affection and protection to the child against the evils of the society, rather made her the victim of lust.
We think that the High Court would have been well advised, having regard to the age of the appellant and also the circumstances of the crime, to have reduced the sentence to one of life imprisonment.
conversion of offence against the Appellant Md. aslam from Section 302 read with 34 Indian Penal Code to 304 Part-I read with 34 Indian Penal Code and convict him to undergo rigorous imprisonment for a period of ten years with fine of ` 5000/-.
Murder and kidnapping of a seven-year old-The identity of the kidnappers been established. There is direct evidence in the form of ocular testimonies, which establish accused persons had kidnapped and had held […]
Sections 302 and 323 read with 34 of the I.P.C.- the occurrence was without premeditation and sudden fight between the parties started in the heat of passion upon a sudden quarrel. The occurrence happened when deceased as his way back home questioned the accused as to his conduct of tapping electricity from the pole. He was not pre-armed and other accused were also not pre-armed. Though, deceased has sustained as many as nine injuries, except injury no(s).1 to 3 which are the injuries caused on the head and all other injuries are on the hand, shoulder, arms etc.
Considering the nature of the injuries sustained by deceased, it cannot be said that the accused and other accused have taken undue advantage of deceased in attacking him. Having regard to the facts and circumstances of the case, the conviction under Section 302 read with 34 I.P.C. deserves to be modified under Section 304 Part II I.P.C.
Evidence Act-There is no gainsaying that confession made to a police officer cannot be proved as against a person accused of any offence and no confession made by a person while in police custody except made in the immediate presence of a Magistrate, can be proved against him in view of embargo created by Sections 25 and 26 of the Evidence Act. Section 27 of the Act nevertheless carves out an exception as it provides that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence while he is in police custody, “so much of such information”, regardless of it being a confession or not, may be proved, if it relates distinctly to the fact thereby discovered.
Section 302 & Section 147, 148 of Indian Penal Code- Supreme Court not interfered when having reappreciated the evidence to the extent it is required and a detailed perusal of the judgment passed by the Sessions Court as also the High Court would indicate that both the Courts have adverted to the evidence in detail and have ultimately arrived at the conclusion and when the concurrent judgment based upon the evidence have found the appellant to be guilty of the charge alleged against him in committing the murder and had convicted him under Section 302 of the Indian Penal Code.
Section 302/149 of the IPC & Section 304 Part II of the IPC- it was a case of free fight, the weapon used by the accused was Farsa and he caused the injury on the vital part of the body i.e. head which proved to be fatal and again the evidence on record, more particularly, the medical evidence and the manner in which the incident took place, the accused should have been held guilty for the offence under Section 304 Part I and not 304 Part II of the IPC.
CRIMINAL-The case of the appellant falls within Exception 4 to Section 300 IPC. Further, the judgment in the case of Surinder Kumar v. Union Territory, Chandigarh1 also supports the case of the appellant. In the aforesaid case, the knife blows were inflicted in the heat of the moment, one of which caused death of the deceased, this Court has held that accused is entitled to the benefit of Exception 4.
Though the case totally rests on circumstantial evidence, it is to be noticed that PW-4 is the brother of the deceased who has accompanied the deceased to ‘Mela’ on the fateful day, […]
Murder Conviction upheld-accused failed to explain presence of blood on his clothes and recovery on his instance
01-10-2018- The High Court has rightly held that motive stood established because of the grudge that the appellant nursed against his father with regard to agricultural lands. The evidence of PW-2 and […]
September 04′ 2018: Custodial torture cases-As the police, in this case, are the violators of law’ who had the primary responsibility to protect and uphold law’ thereby mandating the punishment for such violation to be proportionately stringent so as to have effective deterrent effect and instill confidence in the society. It may not be out of context to remind that the motto of Maharashtra State Police is “Sadrakshnāya Khalanīghrahanāya” (Sanskrit: “To protect good and to Punish evil”)’ which needs to be respected. Those’ who are called upon to administer the criminal law’ must bear’ in mind’ that they have a duty not merely to the individual accused before them’ but also to the State and to the community at large. Such incidents involving police usually tend to deplete the confidence in our criminal justice system much more than those incidents involving private individuals-APPELLANT CONVICTED
In the facts and circumstances of this case’ the punishment of three year imprisonment imposed by the Trial Court under Section 330 of IPC’ would be grossly insufficient and disproportional. We deem […]
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KEYWORD: MURDER CONVICTION DATE: May 08, 2018 ACTS: Section 304 Part-I IPC HELD: “the deceased sustained head injuries with multiple fractures, right fronto temporal and temporo parietal region infarct in the right fronto temporo […]
KEYWORDS:- MURDER- CIRCUMSTANTIAL EVIDENCE- DATE:- May 02, 2018 A theory of “accused last seen in the company of the deceased” is a strong circumstance against the accused while appreciating the circumstantial evidence. In […]
KEYWORDS:-MURDER- CONVICTION-suspension of sentence pending appeal-BAIL DATE:- 12-05-2008. Initial presumption of innocence in favour of the accused, therefore, is no more available to the applicant. The mere fact that during the period […]