The appellant was suspected of believing that the deceased had an illicit relationship with his wife and hence appellant killed the deceased. An FIR was registered, and there was an extra-judicial confession. During the trial and after the questioning under section 313 cr.p.c accused has presented and examined one defense witness on his side to disprove the extra-judicial confession. The…
There is a challenge against a conviction made under section 302 IPC before the Hon’ble Supreme Court. The prosecution's case involves the accused inflicting stab wounds during an altercation to his wife (who is the deceased). The investigation has been completed, the charges have been framed, and the trial has taken place, after section. 313 (b) crpc questioning the Trial…
An appeal was made against the quashing of an FIR (First Information Report) for the offence under PC Act. The allegation was of demand for a bribe. The Hon’ble High Court quashed the FIR, stating that there was no direct evidence for the demand of a bribe. However, the fact is that the police inspector assured that they would file…
Section 203 Cr.P.C: Dismissal of complaint: Cause of action for filing complaint is same as is in the filing contempt petition and that fact was not mentioned in the complaint and hence taking cognizance is abuse of process of law.
Head note: There is no infirmity in the judgment of the Trial Court, The accused was convicted as per the evidence of the injured witness and the appeal is dismissed..
Challenge - FIR registered against unknown persons - Case of the prosecution and conclusion of trial court and appellate court - Case rests in circumstantial evidence - Guiding principles: ‘Must be proved’ and not ‘May be proved’ - Guiding principles: Suspicion cannot take place of proof - Recovery of articles at the instances of accused and his absence of giving…
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: Magistrate is not compelled to take cognizance on supplementary final report in the absence of any new evidence found to substantiate the conclusion of I.O - Challenge – Facts - First Information Report - Case filed against the appellant - Quash dismissed - Issues for consideration – Analysis - The offence of cheating under Section 420 IPC -…
Head note: Challenge - Facts - Quash preferred - Quash dismissed by the Hon’ble High Court - Charge sheet filed against the accused - Respondent/accused again approached High court and set aside the charge sheet and other order - Question involved: Whether sanction required to prosecute respondent no.2? - Section 197 Cr.P.C - Sanction explained - a view can be…
BASICS OF CRIMINAL LAW - Part.2 - Elements of crime. Elements of Crime - Study.1 & 2.
Head note: Appeal - Information regarding death - Surrender of accused - Case against juvenile separated - High court did not discuss evidence of PW.10 - Case is based on circumstantial evidence - Extra-Judicial confession unbelievable - PW.11 unreliable witness - No evidence as to the manner in which the witness recorded the registration number - Report the incident two…
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 - Case of the Prosecution - Trial court conclusion - Analysis and findings - Case is based on circumstantial evidence - Illicit relationship is the key motive for murder - Circumstance and opportunity - Inmates of the house must explain - Initial burden to prove circumstantial evidence is lesser than other cases - Appellant failed to offer proper and…
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…
This part no.6 will give a clear picture about criminal courts powers & administration during the inquiries and trials - With this reading it will be easy to learn and have ideas about the "General introduction as to Inquiries and Trials" - Further this note will be helpful for writing examination (judicial) and academic purposes.
This part no.5 will give a clear picture about what shall be the duty of the parties (including police) during the inquiries and trials - With this reading it will be easy to learn and have ideas about the "General provisions as to Inquiries and Trials" - Further this note will be helpful for writing examination (judicial) and academic purposes.
This part no.4 will gives a clear picture of duty of the trial Judge conducting the inquiries and trials e.t.c - With this reading it will be easy to learn and have ideas about the "General provisions as to Inquiries and Trials".
Note No.1: This is the notes for Cr.P.C., 1973 - Useful for judicial examination and academic purposes.
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.
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…
FACTS These appeals challenge the common judgment and order dated 14th March 2018, passed by the Division Bench of…
Section 27 Evidence Act: Mere recovery of money alone does not constitute conviction
Head note: Prayer - Issue raised - Judicial Magistrate issued notice to the prosecution under section 473 cr.p.c (want…
PRAYER Criminal Revision Petitions have been filed under Section 397 (1) r/w 401 of Cr.P.C, to call for the…
Author’s quote: My senior constantly advises me to read the section first, take it as it is, understand it…
Head note: Hon’ble Madras High Court - Justice Nirmal Kumar J - Return of Property - Alcohol - TN…
Section 11 Evidence Act: Appreciation of plea of alibi.
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