Indian Penal Code, 1860  - Section 148 , Section 149 , Section 302 , Section 364-A , Section 365

Rioting - Kidnapping for ransom - Unlawful assembly - Murder - Death sentence - Trial Court awarding death sentence to both the appellants - Confirmed by the HC - Accused persons not named in the FIR - Prosecution established that appellants, few more persons committed the offence by killing five persons mercilessly for non-payment of ransom amount - Merely because there was delay inlodging the FIR the outcome of the identification parade cannot be thrown out if the same was properly done after following the procedure - One of the appellant is around 65 years old - Appellants have been in prison for the last 14 years - Death penalty can be substituted with life sentence - Appeal disposed of accordingly.

Found In:  Topic Index, Judgement

The Indian Evidence Act, 1872  - Section 9

Test Identification Parade - Delay in conducting of - Effect - Identification parade must be conducted as soon as possible - This condition can be revoked if proper explanation justifying the delay is provided - Authorities must ensure that delay does not result in exposure of the accused leading to mistakes on the part of the witnesses - Appeal disposed of.

Found In:  Topic Index, Judgement

Indian Penal Code, 1860  - Section 120-B , Section 201 , Section 302 , Section 364-A , The Indian Evidence Act, 1872  - Section 25 , Section 27

Murder - Kidnapping for ransom - Conviction - Death sentence - A school going boy kidnapped for ransom and murdered - Sessions Judge Identifying the case in the category of the "rarest of the rare" - Conviction of accused for offences punishable u/ss. 302, 364A, 201 and 120-B IPC and sentenced them to death - Death sentence confirmed by HC - Direct evidence of kidnapping deceased - All three accused-appellant committed offence of murder in a pre-planned manner by using scientific methods - Fatal dozes of chemicals injected in the body of deceased in order to ensure that the offence was not detected and they were not fastened with criminal liability - Deceased the only son of his parents - Death sentence confirmed - Order accordingly.

Found In:  Topic Index, Judgement