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.
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…
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…
Circumstantial evidence: Merely appellants were seen nearby the place where the crime occurred holding chopper is not last seen. General principles regarding the innocence of accused. Witness did not say that the accused were seen nearby the dead body. Recovery is from open place accessible to one and all. Accused aquitted.
After reviewing the submissions, it is confirmed that the petitioner is the vehicle owner and not involved in the case. The vehicle was rented out to A1/Balamurugan, with no contraband found. Due to the vehicle being exposed to weather since seizure, further detention could damage it. Citing the Apex Court's decision in a similar case, the Court is inclined to…
Trial court placed burden on accused regarding case diary corrections, Missing pages. Convicted under section 302 IPC, seeks acquittal after confirmation by High Court.
Head note: Prayer – Fact - Trial Court order - Petitioner side Argument - Respondent Side Argument – Findings - Impact of fails to comply with the maintenance order of court - Attachment of salary is very much valid - Party.
Head note: Non-bailable warrant issued against absconding, accused police officials – accused aided in kidnapping and extortion and Seeking to issue an Non Bailable warrant for the investigation of the police officials under section 73 of crpc.
Special court issued summons without passing any order summoning the accused, leading to rejection of bail application. Non-application of mind by the Court.
Head note: Challenge - Facts - Arrest & custody - Application filed under section 167(2) crpc on the ground chargesheet was incomplete - Special court by a separate order took cognizance on the offence - Thereafter Special court granted bail under section 167(2) crpc - Hon’ble High Court dismissed the petition filed by the appellant (CBI) - Analysis - Two…
Head note: Apex court - successive Bail application - Supreme court’s earlier judgments on filing fabricated document by the litigant to obtain favour order - Prayer in the SLP is for grant of bail in pending trail - Hon’ble High Court granted bail for the appellant pending the present SLP - Original release order of second bail application received by…
Head note: Madras High Court - Sec. 482 petition - To conduct investigation and file final report - Madras High Court order on returning final reports - Direction Sec. 482 petition - To conduct investigation and file final report.
Section 311 Cr.P.C: Recall may be allowed if no occasion to bring relevant facts at initial deposition
Head notes: Apex Court – Application for exemption from surrender is rejected – Communication of surrender of accused should be communicated to the judge – If counsel does not appear in criminal case the court should appoint an amicus – Prisoners are very often unable to communicate to the outside world – Prison authorities are obliged to communicate the surrender…
Head note: Extension of custody u/s 167 Cr.P.C: Since accused has the right to oppose the prayer for the extension of the remand, it is necessary to produce the accused physically or through virtual - General principles governing default bail - The effect of the failure of the respondents to produce the appellants before the special Court at the time…
Head note: High court did not consider sections u/s 161 and 164 Cr.P.C for considering prima facie in grave offences - Bail cancelled Leave granted.
Head note: Appreciation of trial court judgment - Trial court conclusion on Accused-2 - Trial court has accepted the version of the defence and not P.W.33 - To disbelieve the state public works department valuation report there must be a better reasonable and intelligible opinion should be examined on the side of defence - Section 45 Indian Evidence Act -…
Head note: Copy of complaint shall be accompanied with the summons as per section 204(3) Cr.P.C and Rule. 25(4) Criminal Rules of Practice, 2019
Head note: Apex Court - Appreciation of bail - Bail may be denied if complaint gives prima facie case - Charge sheet could never be the final conclusion of PMLA offence - Rupees 1 lakh costs imposed for misrepresentation of facts.
I just read Babitha Surendran vs. State (2015 (2) MWN (Crl) 468) in which a learned single judge has…
The first respondent has made part-payments after the debt was incurred and before the cheque was encashed upon maturity.…
THE COGNIZANCE COGNIZANCE OF OFFENCES BY COURTS Till the criminal Court takes cognizance of the offence there is no…
Head note: Prayer - representation - judgments concerning delay in considering representation - quashed based on delay
2. In the present case, we discuss the rights of such accused, whose right to default bail, hangs in…
FACTS 2. The allegation in the final report is that on 21.09.2016, the petitioners unlawfully assembled and made a…
The appellant contends that the court did not address a specific fact under Section 313 Cr. P. C, leading…
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