1. Renu Devi VS Gufran Ahmad - 08 Jul 22
– Accident –Attempt to murder – Compensation – Appeal has been preferred by appellants/claimants against judgment and order passed ... Indian Penal Code, 1860 – Sections 307, 302 –Motor Vehicles Act, 1988 – Sections, 165, 166, 168, 173, 163A ... R/Special Civil Application decided, it is held that interest awarded by tribunal or appellate court under Section 171 of Motor Vehicles ... and if any vehicle is used as a weapon then no compensation can be granted to the claimants under M.V. ... a weapon for murder then no compensation can be awarded under M.V. ... as a weapon, the accident is by the use of vehicle and it has to be turmed to be an accident.
India - Allahabad
2. Harbans Singh @ Bhola VS State of Punjab - 05 Apr 18
or the vehicle that he was driving – No empty cartridges or any bullet was recovered from the spot – The weapon allegedly used for ... Indian Penal Code, 1860, S.307 – Attempt to Murder – Gunshot—Appeal against Acquittal – No bullet found to have hit either the complainant ... The weapon allegedly used for the commission of offence was also not recovered by the prosecution ... The record reveals that no bullet is found to have hit either the complainant or the vehicle that he was driving. ... 3200, which belonged to his friend Ravinder Singh @ Doctor, at about 9:30 P.M, Harwinder Singh @ Bhajan signalled him to stop the vehicle
India - Punjab
3. Sugandha Devi VS Munshi Saw - 28 Sep 21
-12 miscreants (road robbers) armed with lethal weapon and fire arm, intercepted vehicle - Deceased-driver tried to escape by reversing ... Accident – Claim Compensation - Dacoity with murder - Claim application, for grant of compensation was filed under Motor Vehicle ... was being used for purpose of business and was loaded with consignment of liquor from Traders - Deceased stopped vehicle when 10 ... weapon and fire arm, intercepted the vehicle. ... but the road robbers surrounded the vehicle being armed with deadly weapons. ... , did not die by an accident arising out of used of the motor vehicle.
India - Jharkhand
4. PURUSHOTTAM DASHRATH BORATE VS STATE OF MAHARASHTRA - 08 May 15
Court should be stern, or tempered with mercy, where required. In heinous crime of rape and murder age, family background of the accused and lack of criminal antecedents cannot be considered as mitigating circumstance.Meticulous execution of deliberate cold-blooded and pre-planned abduction, rape and murder calls for death sentence because such criminals are menace to society.
trial – Sentencing policy – Aggravating and mitigating circumstances – Accused appellants convicted of heinous crime of rape and murder ... 302 – Sentencing – Rarest of rare cases – Meticulous execution of deliberate cold-blooded and pre-planned abduction, rape and murder ... of circumstances evince beyond any reasonable doubt that the accused-appellants have committed the heinous offence of rape and murder ... the deceased in the respective houses of the accused-appellants, the Odhani of the deceased which was used as a weapon of murder ... The High Court has recorded that the recovery of weapons of murder from the place where the body of the deceased was located as well ... The vehicle in which the deceased was taken by the accused-appellants was also seized and the panchanama was prepared.
India - Supreme Court
5. Purushottam Dashrath Borate VS State of Maharashtra - 08 May 15
Court should be stern, or tempered with mercy, where required. In heinous crime of rape and murder age, family background of the accused and lack of criminal antecedents cannot be considered as mitigating circumstance. Meticulous execution of deliberate cold-blooded and pre-planned abduction, rape and murder calls for death sentence because such criminals are menace to society.
trial – Sentencing policy – Aggravating and mitigating circumstances – Accused appellants convicted of heinous crime of rape and murder ... of circumstances evince beyond any reasonable doubt that the accused-appellants have committed the heinous offence of rape and murder ... Section 302 – Sentencing – Rarest of rare cases – Meticulous execution of deliberate cold-blooded and pre-planned abduction, rape and murder ... as a weapon of murder along with the medical evidence and testimony of PW-16 establish the factum of commission of the crime by ... offence was committed with the intention to create a fear psychosis in the public at large and was committed in a public place by a weapon ... to commit murder, i.e. by way of strangulation.
India - Crimes
6. Pintu Kumar @ Gunjan Kumar VS State of Jharkhand - 30 Jun 16
Indian Evidence Act, 1872 – Sections 3 , 8 and 27 – Appellant charged for the offences under sections 302/394/34 of IPC for the murder ... of driver of vehicle hired by appellant and co – accused – Conviction on basis of confession – Plea that FSL report is not conclusive ... human blood on those articles – Appellant in his statement recorded u/s 313 Cr.P.C. admitted that he was apprehended on looted vehicle ... the weapon used for committing the offence. ... after committing murder of the driver. ... The offence of murder was committed in the running vehicle by the appellant and his associates
India - Jharkhand
7. Dhela Rani VS Deepak Prasad - 18 Dec 08
it was a fenolious act where death was caused with a criminal intention by using the vehicle as a weapon to kill the deceased—Tribunal ... Motor Vehicles Act, 1988—Section 166—Compensation—Impugned death of the deceased was not due to accident by motor vehicle, rather ... In our considered opinion, therefore, the offender Raju Thathera used the vehicle as a weapon ... of the vehicle and died. ... driver Raju Thathera of vehicle No.
India - Jharkhand
8. Raj Bali Tewari @ Badka VS State of U. P. - 28 Jan 19
IPC and Arms act by the trial court - Criminal Appeal filed by the Accused - Held, Prosecution has failed to find the weapons ... used in commission of the murder of the deceased, but even if the prosecution has failed to recover the actual weapons which were ... of the deceased by the said weapon. ... the co-accused Dinesh Kewat in the vehicle, the other accused Rajbali was taken to his house, who with the key opened the lock of
India - Allahabad
9. Pritpal Singh @ Titi VS State of Punjab - 10 Mar 17
Murder-Intention to Kill-Assailants though equipped with sharp edged weapons caused injuries with blunt side of weapons-Conviction modified from S.302 IPC to S.304- Part 1 IPC.
(A) Indian Penal Code, 1860, S.302-Murder-Acquittal-Modification of Sentence-Intention to kill-Cause of death of deceased are the ... factors were blockage of arteries n the lump by fat a blood clot and failure of kidney-Assailants though equipped with sharp edged weapons ... by abusing and threatening the deceased in their white Scorpio vehicle. ... But, the said 'sword' which was used by accused-appellant Pritpal Singh @ Titi as weapon ... homicide not amounting to murder.
India - Punjab
10. Vinod VS State Of Haryana - 05 Mar 08
Murder Reference--Murder of a police constable--Three accused fired from their weapons at the police party--Except the attempt to rescue their companion from the grip of the deceased, there could be no other motive attributable to them--The incident took place without any pre-planning--Moreover, magnitude of the crime is also not enormous in proportion--Murder reference declined.
(A) Criminal Law--Murder Reference--Death penalty--Murder of a police constable--Case involves only one death--Three accused were ... ... (B) Criminal Law--Murder--Common intention--All the three accused ... not enormous in proportion--Case does not fall in the category of rarest of rare cases--Death sentence would not be justified--Murder ... vehicle was caught into mud in the street. ... Though the weapon, which was used by accused Vinod, could not be recovered due to passage ... II Motive for commission of murder When the murder is committed for a
India - Punjab