Category: Severe Offences

ISSUE:

Whether the acts committed by the accused constitute "waging war" against the Government of India under Section 121 IPC?

Whether the confessional statement recorded under Section 164 CrPC is voluntary and admissible in evidence?

Whether the imposition of the death penalty on the appellant satisfies the "rarest of rare" doctrine?

RULE:

Waging war is not limited to conventional warfare but includes organized, premeditated acts of terror aimed at destabilizing the country, creating fear, and challenging the sovereignty of the Indian State.

A confession is admissible if it is made voluntarily, without coercion, inducement, or influence, and after the magistrate ensures that the accused understands the consequences of the statement. The test is not whether legal counsel was present but whether the statement was given out of free will.

The death penalty is justified when the crime is of exceptional brutality, shocks the collective conscience, and shows no scope for reformation of the accused. Premeditation, scale of destruction, and impact on society are key considerations in determining whether a case qualifies as ‘rarest of rare.’

ISSUE:

Whether the accused was guilty of abetting the suicide of the deceased under Section 306 IPC based on evidence of cruelty?

Whether the accused committed dowry death under Section 304B IPC by subjecting the deceased to cruelty in connection with a demand for dowry?

Whether the absence of a specific charge under Section 306 IPC affects the validity of the conviction under that section?

RULE:

Abetment of Suicide (Section 306 IPC): Abetment of suicide is established if the accused’s conduct constitutes cruelty under Section 498A IPC, leading the victim to commit suicide. The presumption under Section 113A Evidence Act supports conviction when suicide occurs within seven years of marriage.

Dowry Death (Section 304B IPC): A dowry death requires proof that the victim was subjected to cruelty or harassment soon before her death, and the cruelty must be directly linked to demands for dowry. The absence of this connection precludes conviction under this section.