Sudden provocation: Overt act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to Section 300 IPC
December 6, 2023 No Comments
Head note: Apex Court – Moreover, the clear intent needed to prove culpable homicide amounting to murder has also not been established by the prosecution – Overt act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to Section 300 IPC
WRONG: A wrongful contract may constitute both civil wrong and criminal offence
December 6, 2023 No Comments
Head note: Apex Court – High Court after a detailed examination and evaluation quashed the criminal case – Supreme Court is of the opinion that the said examination and evaluation should not have been done by the High Court – Finally set aside the quash order and directs the Investigation Officer to keep in mind all the rulings regarding 420 and other relevant sections during investigation.
CONCURRENT SENTENCING: MADRAS HIGH COURT DIRECTS TO RUN SENTENCES IN TWO DIFFERENT CASES CONCURRENTLY.
December 4, 2023 No Comments
Head note: The Hon’ble Madras High Court has directed to run sentences in two separate or different cases concurrently.
QUASH: SC/ST AND SECTION 307 IPC CASE SET UP BY THE PROSECUTION DOES NOT REVEAL THE OFFENCES.
December 3, 2023 No Comments
Head note: Apex Court – Discharge petition u/s 227 Cr.P.C has been filed by the accused for section 14A(1) SC/ST Act – IPC offences were also added in the FIR – Apex court after perusing the records has held that there is no offence traceable for SC/ST or offence for ten years under IPC – Hence, SC/ST charge quashed and other offences are not quashed..
SECTION 306 IPC: THE ACT OF INSTIGATION MUST BE OF SUCH INTENSITY TO DRIVE DECEASED TO COMMIT SUICIDE
December 3, 2023 No Comments
Head note: Apex Court – DECEASED COMMITTED SUICIDE DUE TO THE ISSUE OF NON-REPAYMENT OF MONEY – THE ACT OF INSTIGATION MUST BE OF SUCH INTENSITY THAT IT IS INTENDED TO PUSH THE DECEASED TO SUCH A POSITION UNDER WHICH HE OR SHE HAS NO CHOICE BUT TO COMMIT SUICIDE.
SECTION 34 IPC: TO ATTRACT COMMON INTENTION CO-ACCUSED NEED NOT HAVE ENGAGED IN DISCUSSION OR AGREEMENT FOR CONSIPIRACY
December 3, 2023 No Comments
Head note: Apex Court – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence – common intention is a psychological fact and it can be formed a minute before the actual happening of the incidence or as stated earlier even during the occurrence of the incidence.
SECTION 304 PART II IPC: THOUGH CAUSE OF DEATH IS DUE TO INJURIES NO INTENTION FOUND.
December 2, 2023 No Comments
Head note: Hon’ble Supreme Court – From the records Hon’ble Supreme Court has found 9 injuries – Injuries may be happened by blunt side of the weapon – From the records no intention to cause death found – Hence, conviction modified from section 304 part 1 into section 304 part 2.
