General

The facts of the present case can be brought under exception I of Section 300 of IPC and thus is punishable u/s. 304(I) of IPC and not u/s. 302 of IPC

MURUGESH VS STATE REP BY INSPECTOR OF POLICE

nbw
General

Recall: 70(2) CrPC: Only Revision lies against order issuing against NBW and not Crl.O.P jurisdiction [Editor’s note inside]

Latest

POCSO: Victim’s testimony before the Court is clear and cogent and almost the same as per the statement recorded u/s. 164 Cr.P.C and there has been no exaggeration or any inconsistency

demand
Acquittal

Discrepancy in the use of the complainant’s fingers (two or five) to pick up the demanded money from his pocket has some bearing while considering the entire evidence

156
BNSS

Rejecting the petition filed under section 156(3) CrPC does not prevent the police to register FIR inasmuch the poser of registering FIR flows from section 154 CrPC

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remission
BNS

The Sessions Court has no power to sentence the accused to life without remission

false recovery
Evidence

Seizing material objects from the body of the accused and attempted to convert it as recovery is against the principle of section 27 IEA

NDPS
BNS

NDPS: Humanitarian considerations cannot override the statutory minimum punishment mandated by the legislature hence sentence is not reduced

Murder
Evidence

Accused is armed and the deceased is unarmed hence exception 2 (private defence) to section 300 IPC not applicable

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ndps conviction
Acquittal

NDPS: Mere non-compliance or delayed compliance with section 52-A is not fatal unless irregularity affecting the integrity of the seized substance

witness
Acquittal

Witness did not name any person from the locality who had seen the incident and not a single witness from the locality was examined who had seen the incident

parameters
Cr.P.C

If the case does not fall within the recognised parameters for quashing courts must avoid delving into disputed facts at the pre-trial stage

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false evidence
Acquittal

Madras High Court (Madurai Bench) directed the witnesses to pay rs.10 lakh as compensation to the accused in NDPS case for giving false evidence against him

parity
BNSS

High Court ought not to have granted bail on the sole ground of parity but to have considered all other principles too while granting bail

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