with persons in custody.
Rarely in cases of police torture or custodial death, direct
ocular evidence of the complicity of the police personnel alone ... respondent-State submitted that as is well-known, in case of custodial
death, it is very difficult to have flawless evidence. The evidence of
Rajkumar
injury which is fatal
in the ordinary course of nature to cause death. Though
the scope for interference with the judgment of
acquittal is limited ... Court's
order remain unaltered. In view of the death of the
accused, custodial sentence becomes unexecutable.
However, execution in accordance with
Section 324 or Section 326 IPC.
Alternatively it was submitted that the custodial sentence of 10 years as has been
imposed is harsh.
Learned counsel ... knowledge, and under such circumstances
that, if he by that act caused death, he would be guilty of
murder, shall be punished with imprisonment
intended to cause death, so long as
the death ensues from the intentional bodily injury or injuries sufficient to cause
death in the ordinary course ... injury sufficient to cause death in the ordinary course of
nature, and did not extend to the intention of causing death, the offence would
imprisonment as awarded for the first offence, the High Court
restricted the custodial sentence to the period undergone which was
about 3 years. Accused persons ... kill
him, started beating him with lathies and axes resulting his
instantaneous death. Information was lodged at the police station and
investigation was undertaken
Aman Kumar And Anr vs State Of Haryana on 10 February, 2004
Equivalent citations: AIR
Randhir Singh And Anr vs State Of Punjab on 12 October, 2004
Equivalent citations: AIR
Raju Pandurang Mahale vs State Of Maharashtra And Anr on 11 February, 2004
Equivalent citations
definite evidence about demand
soon before the death. In view of the fact that the death
occurred within the very few months of the marriage ... dismissed so
far as respondent no.2 - A-3 is concerned. Custodial
sentence of 7 years would meet the end of justice for
respondent
Thangaiya vs State Of Tamil Nadu on 8 December, 2004
Equivalent citations: 2005CRILJ684, JT2004(10
