Penal Code, 1860 — S. 498-A
In this case, victim immolating herself in her matrimonial home leading to her death in hospital. Concurrent findings of facts recorded by both courts below on harassment and/or torture and/or…
Penal Code, 1860 — S. 304 Pt. II and S. 300 Exceptions 2 and 4
In this case of culpable homicide not amounting to murder, there was no pre-meditation or pre-planning and incident was result of sudden quarrel in which accused exercised his right of…
Penal Code, 1860 — Ss. 302, 376, 364, 366-A and 201 — Rape and murder of 5 yr old girl by strangulation
Low age of victim cannot be considered as only or sufficient factor by Supreme Court for imposing death sentence. (para 35) Sentences awarded to appellant under Ss. 376, 364, 366-A…
Penal Code, 1860 — Ss. 141, 142 and 149 and Ss. 302/149 part of unlawful assembly
Mere fact that appellant was not brave enough to conceal where victim was hiding did not make him a part of the unlawful assembly that had the common object to…
Penal Code, 1860 — S. 306 r/w Ss. 107 and 34 — What is abetment of suicide
The essence of abetment lies in instigating a person to do a thing or the intentional doing of that thing by an act or illegal omission. Held, instigation, can be…
Penal Code, 1860 — S. 376 — Rape
Principles summarised regarding when conviction of accused on sole testimony of victim/prosecutrix, with or without corroboration is warranted. Held, prosecutrix fully supported case of prosecution and was consistent right from very…
Penal Code, 1860 — Ss. 302/149 or Ss. 326/149 and Ss. 325/149, 324/149, 323/149 and 147
In this case of altercation leading to assault by 21 accused (including appellants herein) using deadly weapons resulting in death of one and injuries to others, fatal injury on deceased…
Penal Code, 1860 — Ss. 304-A and 279 — Motor Vehicles Act, 1988, Ss. 3/181- Rash and negligent driving resulting in death of one person — When Lenient view and reduction of sentence is warranted
In this case, It was a rash and negligent act as there was no allegation against appellant-accused that at the time of accident, he was under influence of liquor or…
Penal Code, 1860 — S. 364-A — Kidnapping for ransom — Necessity to prove each and every ingredient prescribed in S. 364-A
All conditions as enumerated in S. 364-A must be fulfilled before recording conviction under S. 364-A. First essential condition, held, must mandatorily be established with at least any one of…
Death due to gunshot injury and injuries by knife /sharp weapon and the same is supported by medical evidence. Conviction of three accused persons under Ss. 302/34
held, The prosecution has been successful in proving the motive. There was a prior long-time enmity between the deceased and the accused A-1. The defense has failed to prove any…