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: Apex court: Appeal - Facts - Chargesheet does not contain necessary ingredients for the offence informed - High court must have exercised power under section 482 cr.p.c against the bald accusation - Bald statement against the accused that ‘they beat me up’ without supporting material does not cover section 323 ipc - Section 384 ipc ingredients not found…
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
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.
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…
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…
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…
The phraseology of Sections 299 and 300 respectively of the IPC leaves no manner of doubt that under these Sections when it is said that a particular act in order to be punishable be done with such intention, the requisite intention must be proved by the prosecution. It must be proved that the accused aimed or desired that his act…
2. The question which arises in this appeal is whether the conviction of the appellant for the offence punishable under Section 308 of the Indian Penal Code (IPC) can be sustained. RELEVANT FACTUAL ASPECTS 3. The present appellant is accused No. 2. The accused no.1 was the driver of a stage carriage bus. The appellant-accused […]
32. In the instant case, on a careful reading of the complaint/FIR/charge-sheet, in our view, it cannot be said that the complaint does not disclose the commission of an offence. The ingredients of the offences under Sections 406 and 420 IPC cannot be said to be absent on the basis of the allegations in the […]
SECTION 307 IPC WOULD NOT ATTRACT 7. In his statement, the injured appearing as PW-1 submitted that when Munna (PW 6) shouted for help, Kantilal (PW 8) and Radheyshyam (PW 9) came there and seeing them the accused ran away. However, Kantilal (PW 8) was declared hostile. The prosecution had produced another witness Radhey Shyam […]
However, the only question that falls for our consideration is whether the accused are liable to be punished for an offence under Section 302 IPC. After considering the submissions made by the counsel for the Appellants and scrutinising the material on record, we are of the opinion that the accused are not liable to be convicted under Section 302 IPC.…
Demeanour of the witness 6. Now we turn to the deposition of PW4 Kanwarbai, who is the mother of…
Section 11 Evidence Act: Appreciation of plea of alibi.
Head note: Prayer - Issue raised - Judicial Magistrate issued notice to the prosecution under section 473 cr.p.c (want…
DEFENCE CAN RELY ON THE UNMARKED DOCUMENT: 16. In the present case, it would be prudent to start the…
Head note: Hon’ble Madras High Court - Justice Nirmal Kumar J - Return of Property - Alcohol - TN…
A complaint u/s 200 Cr.P.C (also see sec 190(1)(a) Cr.P.C) was filed before the Learned IInd Additional Chief Metropolitan…
3. Section 125(1) of Cr.P.C. requires the interim maintenance petition to be disposed within a period of 60 days…
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