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


Rakesh VS State of Rajashtan - 03 May 00

In absence of evidence that finger prints were given by accused voluntarily, finger print expert evidence that chance finger print tallied with specimen prints could not read against accused.

India - Crimes


Krishan VS State of Haryana - 04 Mar 09

Criminal Law--Murder--Circumstantial evidence--Hostile witness--Appeal against conviction--Case of blind murder as dead body of deceased was found lying in abandoned plot--Material witnesses not supporting case of prosecution and turned hostile--Chain of prosecution case not complete and link evidence missing--Prosecution story seems to be suspicious if statement of all witnesses alongwith circumstances are considered together--Circumstantial evidence not sufficient to hold accused guilty for alleged offence beyond reasonable doubt--Accused acquitted--|Penal Code, 1860, Section 302 and 201. (Paras 17, 18, 22, 23, 24 & 25)

India - Punjab


STATE OF RAJASTHAN VS DWARKA PRASAD - 25 Jul 17

Code of Criminal Procedure, 1973 – Section 354, 313, 43 – Indian Penal Code – Section 302, 201, 364 – Conviction – Prosecution – Contradictions in statement – Capital punishment – Liable – Murder – Dacoity – Provocation – Testimony – Guilt of accused – Imprisonment – Present death reference and appeal arise out of Judgment dated passed by learned Additional Sessions Judge, District Nagaur in Sessions Case and are being disposed of by this common order since, they arise out of same order – Learned trial Court by judgment aforesaid convicted appellant Dwarka Prasad for offence under Section 302 IPC and sentenced with capital punishment – Besides aforesaid conviction, learned trial Court also convicted accused/appellant Dwraka Prasad for offences under Sections 201 & 364 IPC – By Criminal death reference filed by State, same is before us for confirmation – Held, In entirety, court is of view that there is no material available on record to suggest that appellant is such a hardcore crimina...

India - Rajasthan


State VS Subhash Chander @ Sibhash @ Yaspal @ Amarjeet - 03 Feb 00

S1. Where trial had taken a long period of 14 years it will not be appropriate to maintain capital punishment.2. Sentences can be directed to run consecutively only when transactions relate to different offences committed at different points of time.

India - Crimes


STATE VS JANESH - 28 Aug 00

Indian Penal Code, 1860 Section 302 - Appellant convicted for murder of his daughter - Appeal Prosecution case based on circumstantial evidence - Three tests to be satisfied when case is based on circumstantial evidence - Circumstances relied on by prosecution were that deceased was last seen with accused as per accused own showing and that semen lifted from pubic hair of deceased matched in blood group with that of accused and that accused was having illicit relations with deceased - Circumstances found not forming a complete chain to point Unerringly towards guilt of accused Cause of {death was opined to be asphyxia but no opinion that before death deceased was subjected to rape - Deceased was used to sexual intercourse but no evidence with whom - Only evidence about appellant having illicit relation with deceased was that of mother of deceased who was having strained relations with appellant and was full of material contradictions - Conviction could not be sustained. (Paras 8. 9. 2...

India - Delhi


STATE VS SHAQILA - 20 Oct 00

Penal Code, 1860 - Section 302 — Murder — Sentence of death — Mitigating circumstances — Murder of innocent and helpless child under primitive belief of making a barren women fertile by such act — Chain of incriminating circumstances completed — Conviction affirmed — Conviction and sentence of death affirmed.

India - Delhi


STATE VS CHOTEY LAL - 25 May 99

Penal Code, 1860 - Section 302 & 411 — Murder — Circumstantial evidence — Recovery of weapons and stolen articles at the instance of accused nut inspiring confidence — Result of examination of finger print suppressed by prosecution — Identification of stolen articles not beyond doubt — Conviction set aside.

India - Delhi


STATE VS CHANDER PAL - 03 May 95

Criminal Law - Motive — Absence of — the defense story more plausible whereas the alleged motive not probable — Conviction Under Section 302 of IPC set aside. Penal Code 1860 - Section 302 — Conviction for murder on the basis of circumstantial evidence — defense version more probable — Motive attributed to accused not probable — Accused acquitted.

India - Delhi


STATE VS ASHOK KUMAR - 10 Jan 95

(i) Indian Penal Code, 1860 - Sections 302 and 302/34 - Conviction under - Appeals Circumstantial Evidence: Murder of husband of accused P - Homicidal Death - Deceased was last seen alive in company of appellants in a hotel- Dead body of deceased recovered from a room in that hotel - Appellants disappeared from hotel soon after death of deceased - Their subsequent conduct and movements were extremely strange and unnatural - Appellant A was promiscuous with appellant B - Recovery of blood stained pant from possession of A Pant stained with human blood of 'B' group which corresponded to blood group of deceased - Pre-plan of liquidating deceased - Motive to commit murder - Accused offering no explanation about incriminating circumstances proved against him - False defence - Totality of circumstances prove that appellants were perpetrators of crime of murder - Convictions recorded are legally sustainable.(Paras 19, 20, 22, 23, 24, 26 to 30, 33, 39)...

India - Delhi