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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victim
Acquittal

Murder acquittal: No revision against the order of acquittal whereas the remedy of appeal is available in Cr.P.C after 2009 amendment

quash
General

Quashing of Multiple FIRs: A citizen of India may approach S.C through Article 32 is a fundamental right but may follow judicial principle and orderly procedure at first

denovo trial
3 judge bench

Denovo Trial: Unusual recording of confession statements based on judicial directions and the doubt of subsequent insertion of statutory warning in the confession creates serious doubts

ndps
Evidence

NDPS:Even if the independent witnesses to the seizure memo turned hostile conviction can be based on official witnesses if it inspires confidence

sentencing
General

Appreciation of the quantum of sentence is explained

charge sheet
Acquittal

If the Magistrate cannot direct the I.O to file a particular opinion (charge sheet) then the S.P has no power to direct the same

corpus
BNS

Murder: Conviction: Corpus delicti means that the offence has been committed and not that the dead body of the murdered person has been recovered

pocso case
Acquittal

As per section 21 POCSO Act only those who received credible information directly could be prosecuted for failure to report and not all the teachers or office bearers of the institution also no suppression of information is reported

complaint case
BNS

Anticipatory Bail is not needed in complaint cases if apprehension of arrest is only by the police

hostile
BNSS

Honour killing: The court must see whether a hostile witness is totally discredited if not the court should not discard his testimony entirely

sentencing
Acquittal

Sentencing: Though the furnishing of a forged revenue document for surety in judicial proceedings is serious in nature but is not organised crime and has not caused any widespread financial loss

section 304 part II
Acquittal

S.304 II IPC: Injuries were caused by an abrupt fall into the dry canal and not by stones thrown by the accused at the deceased

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