Search Results Page

Search Results

1 - 10 of 12 (0.41 seconds)

Narayan Singh & Ors vs State Of Madhya Pradesh on 19 July, 1985

(28) The delay in recording the statement of Dhaniram P.W.-6 under Section 161 of the Code has been blown out of proportion by the defence. Dhaniram P.W.-6 is a lad of 16 years. The learned trial Judge rightly relied on the observation of the Supreme Court in Narayan Singh and others vs. State of M.P., AIR 1985 SC 1678 that it is not uncommon for persons when they see a ghastly and dastardly murder being committed in their presence that they almost lose their sense of balance and remain dumb founded until they are able to compose themselves. This is precisely what must have happened to Dhaniram P.W.-6 when he saw the hapless wife of his master Indrajeet P.W.-1 being gang raped and murdered by his master's brother and three other able bodied appellants/accused who threatened to kill him.
Supreme Court of India Cites 4 - Cited by 397 - S M Ali - Full Document

Machhi Singh And Others vs State Of Punjab on 20 July, 1983

(40) It is well settled that death penalty can be awarded only in the rarest of rare cases. For the offence of murder life imprisonment is the rule and death sentence is an exception. Death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the crime. (41) In Machhi Singh and others vs. State of Punjab, (1983) 3 SCC 470, the Supreme Court observed as under:
Supreme Court of India Cites 7 - Cited by 785 - M P Thakkar - Full Document

Bachan Singh vs State Of Punjab on 9 May, 1980

(b) Are the circumstances of the crime such that there is no alternative but to impose death sentence even after according maximum weightage to the mitigating circumstances which speak in favour of the offender?" (42) In Shivu and another vs. R.G., High Court of Karnataka and another, 2007 Cri.L.J. 1806, the Supreme Court narrated the guidelines emerging from the case of Bachan Singh vs. State of Punjab, (1980) 2 SCC 684 which have to be applied to the facts of each individual case where the question of imposition of death sentence arises. They are as under:
Supreme Court of India Cites 84 - Cited by 395 - Full Document

Dhananjay Chatterjee Alias Dhana vs State Of W.B. on 11 January, 1994

(44) In Dhananjoy Chatterjee alias Dhana vs. State of W.B., (1994) 2 SCC 220, it was held that the sordid episode of the security guard, whose sacred duty was to ensure the protection and welfare of the inhabitants of the flats in the apartment, to gratify his lust and murder a resident of one of the flats in retaliation for his transfer on her complaint, the appellant committed the most heinous type of barbaric rape and murder on a helpless and defenceless school- going girl of 18 years. The Supreme Court held as under:
Supreme Court of India Cites 9 - Cited by 191 - N P Singh - Full Document

Molai And Anr vs State Of Madhya Pradesh on 26 October, 1999

(45) In Molai and another vs. State of Madhya Pradesh, AIR 2000 SC 177, the appellants had, taking advantage of the prosecutrix a girl aged 16 years being alone, committed rape on her and thereafter strangulated her by using her undergarments, caused injuries on her person with a sharp edged weapon and threw her body into a septic tank at the backside of the house. The Supreme Court held that it was the rarest of rare cases where capital punishment was rightly awarded to each appellant.
Supreme Court of India Cites 6 - Cited by 54 - S P Kurdukar - Full Document

Shivaji @ Dadya Shankar Alhat vs State Of Maharashtra on 5 September, 2008

(46) In Shivaji @ Dadya Shankar Alhat vs. State of Maharashtra, AIR 2009 SC 56, in a case where the appellant who was residing nearby and was known to the deceased and her family and had asked the deceased a minor girl of 9 years to accompany him to a hill on the pretext of giving her firewood and thereafter committed rape and murder, it was held by the Supreme Court of India that the case at hand fell in the rarest of rare category. The circumstances established cruel acts of the accused and called for only one sentence, i.e., death sentence. In paragraphs 25 and 26, it was observed as under:
Supreme Court of India Cites 33 - Cited by 72 - A Pasayat - Full Document
1   2 Next