Appeal against the conviction being confirmed by the High Court for murder case-Conclusion of trial and conviction-Appeal dismissed in the High court-No premeditation reveal from the testimony of witnesses-Accused did not take any undue advantage or acted cruel or unusual manner.
Appeal against conviction under section 302 IPC - Killing husband by strangulation resulted in section 302 IPC - Registration of FIR - Appellant’s Side Submission - Respondent’s Side Submission - Confession Statement given to the VAO - Post-mortem Report - Conclusion And Order of this Court – Party.
Prayer - Crux of the case - Trial court’s order - Petitioner’s Side Submission -Respondent’s Side Submission - Criminal Revision Case - Criminal Original Petition - Observation of this Court - Section 44 PMLA is exception to section 190 Cr.P.C - Since there is no committal proceedings and hence section 202 (2) Cr.P.C does not arise - Procedure: Since there…
Weekly Digest (case laws) no.4 - April ’2024.
The appellants were convicted for the offence of murder. The trial court acquitted a1, a2, and a3 but convicted a4, a5, and a6. However, the Hon'ble High Court of Karnataka reversed the acquittal of a1, a2, and a3 and confirmed the conviction of the other accused. The Hon'ble Supreme Court discussed its previous judgments and explained the four principles to…
The Hon'ble High Court of Madhya Pradesh dismissed an appeal related to a case of robbery and assault. However, the assailant was not identified. The appellant was arrested on suspicion and case articles were recovered from him. The informant identified the articles, and a final report was filed. Conclusions were reached during the trial and appeal that the appellant is…
Prayer-Detenu was detained as sexual offender-Petitioner side contention on procedural safeguard violations-Respondent’s side Contention-Delay in submitting the remarks by the Detaining Authority-Cited with precedents-Unexplained delay of 21 days in considering the representation is prejudice the detenu-High Courts Directions.
The State has challenged an order rendered by the Hon'ble High Court of Rajasthan, which had quashed the FIR registered against the respondent for cheating in the sale of land. The respondent had neither returned the amount nor handed over the land to the complainant. However, it is not the case that the land was not transferred to the complainant,…
An appeal has been filed against an order under section 482 CRPC to quash a summoning order. The summoning order was issued after a final report was lodged based on information received. However, a protest petition was filed alleging the investigation was unfair. The Chief Judicial Magistrate (CJM) rejected the police report and summoned the accused after taking cognizance of…
The appellant, who is the complainant, challenged the order that granted suspension of sentence. An FIR was registered based on the complaint, and after investigation, three separate trials were conducted. The trial court convicted five accused under section 302 IPC and acquitted two accused. The complainant challenged the impugned order of granting bail on the ground that the accused are…
The complaint filed by the ED authority is being challenged on the grounds that, except for Section 120B of the Indian Penal Code, no other offences are considered scheduled offences. Without a scheduled offence, there cannot be any proceeds of crime. Furthermore, under the Prevention of Money Laundering Act (PMLA), a special court can only take cognizance of a case…
This is a summary of a legal case where the accused were convicted under sections 302 r/w 34 IPC for a fire shot incident that occurred during a liquor party. The conviction was upheld by the High Court after sentenced by the Trial court. However, it was found that one of the accused (A2) had refused to shoot the deceased,…
Understand the legal procedure for disposal of property in court cases. Discover the steps to file before the concern court and high court.
Challenge against the reversal of acquittal by the Hon’ble High Court - Facts of the case: Section 302 IPC - Trial court acquitted the appellants but Hon’ble High Court overturned the sentence and sentenced to life - It is well-settled principle that an order of acquittal further strengthens the presumption of innocence of the accused - Unless there is statutory…
Terrorist Act: Any act must be done with intent to threaten or likely to threaten the unity, integrity, security, economic security or sovereignty of India or such act must be accompanied with an intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country. Appeal against…
Weekly Case Laws Digest April 2024 No.3: Key Updates and Analysis
Tutoring a witness: Police cannot tutor prosecution witnesses. Police interference with the judicial process is a misuse of power.
Praying to register fir under section 302 IPC, change of investigation agency to CBI and further prayer for direction of appropriate compensation - Crux of the prosecution - Deceased was brought dead to government hospital and injuries found as antemortem in nature 3 to 4 days prior to the death - Second opined from Professor of forensic department as cause…
Challenging the reversal of acquittal by the High Court - Case rests on circumstantial evidence - Chain of evidence must be complete as against the accused without any hypothesis except the accused is guilty - Suspicious cannot take place of proof - The law regarding interference by the appellate court Homicidal death is admitted fact - Appreciation of trial court…
Appellant convicted under section 138 NI Act - Whether accused can be held guilty whereas the competent civil jurisdictions already passed decree in connection with the same transaction - Proceedings and facts before the lower court - Same cheque was in issue before both civil and criminal courts and the conclusions of the courts below.
Head note: Apex Court - Compromise petition filed under section 320 Cr.P.C and allowed for some IPC offences but…
ANALYSIS, REASONING AND CONCLUSION 8. Having examined the rival contentions, the Court does not consider it necessary to go…
Affidavit - Magistrate cannot take proof affidavit except N.I Act
CLOSURE REPORT RESUBMITTED AS CHARGE SHEET 16. On perusal of the closure report (Ex.P6), it is seen that during…
1. The issue raised in this appeal is that whether interim victim compensation in proceedings for anticipatory bail can…
Demeanour of the witness 6. Now we turn to the deposition of PW4 Kanwarbai, who is the mother of…
Suo-Motu revision was taken by the Hon’ble Madras High Court against the discharge order on the second discharge application…
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