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.
These factors taken together create a serious doubt about the correctness of the dying declaration. Therefore, the dying declaration will have to be kept out of consideration. In any case, the dying declaration is not of that sterling quality on which the conviction can be based in absence of any other evidence. Therefore, the prosecution has failed to prove the…
FACTS These appeals challenge the common judgment and order dated 14th March 2018, passed by the Division Bench of the High Court of Madhya Pradesh at Gwalior, in Criminal Appeal Nos. 243 and 260 of 2005, whereby, the High Court upheld the judgment and order dated 30th March 2005, passed by the 1st Additional Sessions […]
Head note: - Many persons around -Well then, who recorded the same?, What was his name?, What was his designation if he was a police personnel? remains unstated by her. Significantly, this witness also does not testify to the correctness or otherwise of the contents thereof. It was testified that at the time of recording of such statement “there were…
16. The statement given by PW-2 before the Police under Section 161 Cr.PC, during investigation were relied by the defence in order to contradict the witness as to her statement in her examination-in-chief. The witness in her earlier statement before the police, had said that the accused Jethnath was working on his adjacent field and […]
2. This criminal appeal arises out of an order dated 12.08.2020 passed by the High Court of Karnataka at Bengaluru, whereby Respondent No.1 was granted regular bail in trial proceedings numbered S.C. 1111/2021, pending before Ld. Addl. City Civil and Sessions Judge, Bengaluru. The said trial has emanated from Crime No. 151/2019 dated 21.12.2019 registered […]
BACKGROUND OF THE CASE The Sessions Court convicted the appellant-accused for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘IPC’). He was sentenced to undergo life imprisonment for the offence punishable under Section 302 read with Section 34 of IPC. He was sentenced […]
ANALYSIS Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration is whether the High Court committed any error in passing the impugned judgment and order. APEX COURT RULED OUT SUICIDE We take note of the following circumstances emerging from […]
Confessions may be divided into two classes, i.e. judicial and extra judicial. Judicial confessions are those which are made before Magistrate or Court in the course of judicial proceedings. Extra judicial confessions are those which are made by the party elsewhere than before a Magistrate or Court. Extra judicial confessions are generally those made by […]
Head note: The relative boys of the deceased admitted that they had told the deceased whatever they had to tell - Further, they accompany them to record the deceased statement - Also witness admitted that those 2-3 boys were related to the deceased and some other persons were also in the room in which he recorded the statement of the…
HIGH COURT HOW TO DECIDE AN APPEAL AGAINST ACQUITTAL – EXPLAINED In this appeal, we are called upon to consider the legality and validity of the impugned judgment rendered by the High Court while deciding an appeal against acquittal under Section 378 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’). The principles which […]
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.11.2018 passed by the High Court of Judicature for 1 Rajasthan Bench at Jaipur passed in D.B. Criminal Appeal No.818 of 2013 by which the Division Bench of the High Court has partly allowed the said appeal preferred by the respondent accused – […]
How to contradiction a witness by a court is being explained in this judgment.
FACTS 4. The aforesaid FIR was lodged at 08:45 a.m. on 27.09.1993 alleging that the incident in which the mother of the informant/complainant was put to death had occurred early in the morning at around 06:00 am. The five accused persons surrounded (gheraoed) the deceased Smt. Keshari Mahato, the widowed mother of the complainant, and […]
HIGH COURT HAS POWER TO QUASH THE FIR EVEN AFTER FILING OF CHARGE SHEET 11. This being the factual backdrop, we may note at the very outset that the contention that the appellants’ quash petition against the FIR was liable to be dismissed, in any event, as the chargesheet in relation thereto was submitted before […]
3. Section 125(1) of Cr.P.C. requires the interim maintenance petition to be disposed within a period of 60 days…
11. There is no gainsaid that the alleged offence is grave and heinous in nature. The long arms of…
But her statement cannot be relied upon in view of the fact that there is no evidence to suggest…
1. The petitioners have sought the quashing of FIR 43 of 2023 registered against them at PS Thirunindravur for…
Study on conspiracy and conviction under Section 120-B of IPC. Only one accused convicted due to lack of evidence.…
Charge against the appellants are under sections 419, 420 of IPC and sections 66 read with 43 (j) and…
Question of Law: Whether after an accused is released on default bail under Section 167(2) Cr.P.C., under which circumstances,…
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