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.
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…
Challenge against the dismissal of order under section 482 Cr.P.C - Deceased died due to non-vacation of his house by his brother (accused) - Quash petition filed after charge sheet was filed - Except the appellant told the deceased to go out and die there is no other allegations brought on record - Appellant was in USA and there is…
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.
Appeal - Appellant side submission - State submission - Hon’ble Supreme Court principles followed - Subsequent insertion in the complaint was not cross-examined - How to appreciate child witness? - Victim girl clearly identified the appellant - Prosecution proved the offence - Accused did not rebut the evidence.
Head note: Appeal against conviction - Hon’ble High court confirmed conviction Incident - Dying declarations of deceased - First dying declaration is to his brother - Second dying declaration is to his mother - Eye-witness (PW-13) testimony of the incident - PW-13 is an interested witness with criminal background - SOC cannot be visible from the hotel where the witness…
Appeal - Witnesses turned hostile – Recovery - DNA test - Fact discovered must lead to physical object and only that information can be proved - Recovery proves the factum of object found and the knowledge of the accused to its existence - except recovery rest of the information is to be excluded - Hypotheses presumption as to the accused’s…
A copy of a document can be adduced as secondary evidence if other legal requirements are met.
Appeal - Case of the prosecution - Conclusion of trial court and high court – Analysis - Trial court placed reliance on Modi text book - Post-mortem doctor deposes about pungent smell was found in the stomach - Viscera was received by fsl after five months - Detailed research on viscera and its report - Absence of detection of poison…
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 -…
Headnote : Attacked by the owner for feeding puppies – succumbed to injuries – sentenced to life imprisonment by trial court – Modification of life sentence
Head note: Apex Court - Consideration of findings of two courts - Sole-eye witness is not the actual eye-witness - Conduct of the father towards son being assaulted and kidnapped is not believable - Death of deceased as fir is with knife but the postmortem suggest firing from close range - Presence of eye-witness doubtful - Complainant is most interested…
Head note: Presence of witnesses during the assault were not examined - Prosecution did not submit medical records to prove that the deceased was assaulted by a rubber stick - Since presence of alcohol is in the body and there is every chance of fell from a grown high tree - Mere absconding cannot establish guilt or guilty
Madras High Court after thorough analysis of the trial court judgment has converted the Life sentence (conviction) into acquittal - Death by strangulation established by the prosecution but failed to connect the accused and the crime - Though the Hon’ble Division Bench has set aside the conviction, sustained the compensation awarded to the deceased’s daughter. Criminal Appeal
Author’s quote: My senior constantly advises me to read the section first, take it as it is, understand it as it is, and if I still have doubts try other options.
Section 11 Evidence Act: Appreciation of plea of alibi.
Both the above statements, if read together, would reveal that on the fateful day, the appellant had assaulted the deceased wife under the influence of alcohol. He even struck a blow on her chest and pushed her. At the time of the said incident, the children were playing in the courtyard. When the assault of the appellant became unbearable, she…
1. The captioned appeals, by lifers, are directed against the self-same judgment and order dated 12.08.2009 passed by the High Court of Judicature at Bombay, Bench at Nagpur in Criminal Appeal No.7 of 2004. The former appeal was filed by the second and third appellants therein who were accused Nos.2 and 3 in Sessions Trial […]
If suspension of sentence is listed the advocate for the accused is not expected to argue the appeal.
2. The facts, as are evident from the paper book, are that a demand of ₹ 500/- was made…
STATE LEVEL COMMITTEE OF HOME (PRISON-IV) DEPARTMENT RECOMMENDATION OF RELEASE WAS DISMISSED BY T.N. STATE GOVERNMENT 8. In the…
1. The petitioner is behind the bars from a period of one year four months and the charge-sheet has…
The most important reason of the trial court, as has been stated above, was' that, given the time of06:30…
SECTION 307 IPC WOULD NOT ATTRACT 7. In his statement, the injured appearing as PW-1 submitted that when Munna…
Weekly Digest (case laws) - February'2024 (01-08).
Demeanour of the witness 6. Now we turn to the deposition of PW4 Kanwarbai, who is the mother of…
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