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.
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…
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,…
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,…
Section 304 Part II deals with culpable homicide not amounting to murder. In this case, the deceased tragically lost his life when the appellant, without any malice or premeditation, fired a gunshot into the sky during a joyous wedding ceremony. Hon'ble Supreme court has concluded that though it is cruel act but without any intention or enmity and modified the…
Head note: Challenge against the conviction under section 302 IPC - Case of the prosecution - Witnesses introduction - Registration of FIR - Charge-sheet and committal - Trial and conviction - High court initially acquitted all the accused - further Hon’ble Supreme Court set aside the judgment of High court and remanded back - On remand Hon’ble High Court has…
Head note: Prayer - Common issues in all the writ petitions - Case is regarding defamation - Arguments on behalf of the petitioner - Judgments relied by the counsel for the petitioner - Arguments on the side of the Government - Analysis of the Hon’ble Madras High court - Issues for consideration -Special Procedure for initiation of prosecution for defamation…
Head note: Challenge – Facts - The appellant and complainant were in relationship against their parents wish - Father of the girl filed Habeas Corpus writ petition - Hon’ble High court’s order based on its interaction with the girl - After a considerable time complainant (girl) separated from appellant and register the FIR against him – Analysis - Complainant (girl)…
Head note: Hon’ble Supreme Court - Murder case - Appreciation relating to dying declaration - As per evidence the deceased would have survived only for a short duration after he received the injuries – Acquitted.
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: One instance unless portentous, in the absence of any material evidence of interference and involvement in the marital life of the complainant, may not be sufficient to implicate the person as having committed cruelty under section 498A of the IPC.
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 […]
5. Having regard to the said evidence, which has been also appreciated by the Sessions Court and High Court, there remains no shadow of doubt that the deceased was subjected to the harassment at the instance of the appellants-accused and that the prosecution had successfully brought home the charges levelled against them so far as […]
1. These two appeals are directed against a common judgment and order of the High Court of Chhattisgarh at Bilaspur (in short, “the High Court”), dated 17.02.2010, passed in Criminal Appeal Nos. 864 and 865 of 1991, whereby the appeals of Harilal and Parasram @ Rangnath (the appellants herein) were dismissed and the order of […]
10. At the outset, it requires to be noticed that while issuing notice of this appeal on 21.11.2016, it was restricted for the purpose of conversion of the offence. Hence, within this limited sphere this appeal has to be examined, namely, as to whether 9 judgement, order and sentence passed by the Sessions Court 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 […]
Study on conspiracy and conviction under Section 120-B of IPC. Only one accused convicted due to lack of evidence. Learn more about criminal conspiracy in Indian law.
There was a sudden fight over seniority when the appellant and the deceased had consumed liquor. There was no premeditation. The appellant, in the facts of the case, cannot be said to have acted in such a cruel manner which will deprive him of the benefit of exception 4 to Section 300 of IPC. The term cruel manner is a…
Section 11 Evidence Act: Appreciation of plea of alibi.
Head note: High court did not consider sections u/s 161 and 164 Cr.P.C for considering prima facie in grave…
In the instant case, the crime is aggravated penetrative sexual offence coupled with murder. The victim is a 7…
Prayer-Detenu was detained as sexual offender-Petitioner side contention on procedural safeguard violations-Respondent’s side Contention-Delay in submitting the remarks by…
This article is a free resource from the NATIONAL INSTITUTE OF CRIMINOLOGY & FORENSIC SCIENCE DELHI. But section1.in has…
ANALYSIS 28. We have carefully considered the rival contentions. For the purpose of easy appreciation, we shall divide the…
Party cannot approach High Court for fir Direction directly. Judgments: 1. G.Prabhakaran v. The Superintendent of Police, Thanjavur, reported…
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