Laxman Naik VS State of Orissa - 22 Feb 94

(i) Indian Penal Code, 1860 - Sections 302 and 376 - Conviction under - Appeal. Offence of committing rape and soon after murder of the victim in a forest - Accused is an agnate and paternal uncle of the deceased, a girl of 7 years of age - No eye-witness - Only circumstantial evidence - Death due to asphyxia by throttling - Medical evidence revealing forcible sexual assault just before her death - Accused absconded and could be apprehended only after about 14 months - On the day of occurrence the accused had commanded the deceased to accompany him to the village. Misrepresentation and intentional false statement of the accused as to the whereabouts of the deceased - Dead body recovered from a jungle. One underwear stained with blood belonging to the accused was lying near the dead body - Seizure of wearing apparels of the deceased completely smeared with blood - Serious bleeding injury in her. private part - Circumstances established are of exclusive nature consistent only with the hy...

India - Crimes

R VS Lichniak - 25 Nov 02

Mandatory life sentence for murder has a denunciatory value, expressing society s view of a crime which has long been regarded with peculiar abhorrence.

India - Supreme Court

- 28 Sep 66

Accused held guilty for murder for committing murder of deceased.

India - Madras

Baiju VS Circle Inspector of Police - 11 Dec 00

Procedure for granting anticipatory to person committing offence of murder is different.

India - Madras

State VS Radhakrishnan - 29 Apr 93

Committing murder after being released on bail sufficient ground for cancelation of bail.

India - Madras

State Of Bihar: Pashupati Singh VS Pashupati Singh: State Of Bihar - 24 Sep 73

Indian Penal Code, (Act 45 of 1860) - Section 302 - and 394-Accused persons convicted under Section 394 but acquitted under Section 302 - Injuries sufficient enough to cause death.-No intention to murder while committing robbery-Conviction for murder whether valid.Held, that for the injuries caused by the gupti, the appellants are equally liable for offence of murder. The fact that they could not have started out with the intention of committing murder but only with the intention of committing robbery, is neither here nor there. If they have caused injuries which were sufficient in the ordinary course of nature to cause death there can be no doubt that they would be guilty of murder. (Decision of the Patna High Court Reversed) (Para 6)

India - Supreme Court

Raghava Nadar Reghu VS State - 31 Jul 87

Weapon used need not be mentioned.

India - Madras

Shambhu Nath Tiwary @ Sambhu Nath Tiwari VS State of Jharkhand - 10 Aug 18

Criminal Procedure Code, 1973 – Section 227 – Murder case – Rejection of application seeking discharge from case – Committing a crime of this nature in which a rival gang leader is gunned down within Civil Court premises cannot be termed to be an act without there being thorough preparation and planning for committing such offence – Angle of conspiracy has to be deduced from evidence led during trial – There appears to be a strong suspicion against petitioners of being conspirators in committing murder of gang leader and his associates – Application dismissed. (Paras 10, 11 and 13)

India - Jharkhand

Vikash Kumar @ Langra VS State of Bihar - 19 Jan 17

Indian Penal Code, 1860–Section 302–Murder–Motive–it is well settled that the motive is not necessary to be proved in such type of crime but when the prosecution asserts that there was some motive for committing murder, the duty is cast upon the prosecution to discharge the onus of proving the motive of committing murder–in the case in hand, the prosecution has miserable failed to prove the motive of non-payment of Rs. 4,00,000/- resulting commission of murder–the presence of eye witnesses at the place of occurrence is also doubtful–conviction and sentence set aside–appeal allowed. (Paras 13 & 14)

India - Bihar

Siddappa Gangappa Mantur VS The State of Mysore - 30 Nov 99

Magistrate committing accused to Sessions Court to take his trial for a charge of murder is illegal.

India - Madras