2007 AIR SCW 6406 ::2007 (6) AIR Bom R 735 ::(2008) 1 BomCR(Cri) 243 ::2008 ChandLR(Civ&Cri) 195 ::(2007) 4 CurCriR 213 ::2008 (3) SCC (Cri) 343 ::2007 (12) SCC 654 ::(2007) 4 RecCriR 539 ::(2007) 11 Scale 714 ::(2008) 1 AndhLT(Cri) 4 ::(2007) 4 ChandCriC 68 ::(2007) 2 DMC 649 ::(2008) 1 Ker LJ 626 ::(2007) 38 OCR 822 ::(2007) 8 Supreme 309 ::(2008) 60 AllCriC 26 ::(2007) 59 AllIndCas 91 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): S. B. Sinha, H. S. Bedi , JJ

(A) Penal Code (45 of 1860) , S.302— Sentence - Victim daughter, getting married wih financially weak person belonging to inferior caste - Repeatedly threatened by accused persons, her relatives including parents for her misconduct - Preplanned murderous attack on her and her in-laws, brother-in-law executed with clear common intention of all accused to set things right and vindicate family honour - Leading to death of helpless individuals, all family members of victim - No extenuating circumstances - Case strictly speaking fall within parameters laid in AIR 1980 SC 898 and AIR 1983 SC 957 for imposition of death penalty - However in peculiar circumstances Supreme Court declined to reverse life sentences awarded by High Court and to reimpose death penalty on accused. (Para 20 21) (B) Evidence Act (1 of 1872) , S.9— Identification of accused - Photograph of suspect, one of accused shown to witness - She had been called to identify him in parade thereafter though she had not known his name at that point of time - Panchanama with respect to proceedings of said identification parade not on record - Executive Magistrate who conducted the parade has not been produced as a witness - Participation of said accused, would be doubtful - Accused acquitted. AIR 1975 ....