December 19, 2024 12:48 pm

Murder–Discrepancy in F.I.R.–Benefit of doubt extended to few accused, need not to be extended to all accused.

Bysclaw

Mar 21, 2018

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Penal Code, 1860 (IPC) – Section 302 – Murder of wife – The appeal raises questions about the admissibility of evidence, particularly the statement of a witness recorded under Section 299 CrPC and a confessional note allegedly written by the appellant – The appellant’s counsel argued that the trial court erred in admitting the statement of the complainant and questioned the authenticity of the confessional note and the handwriting expert’s report – The State contended that the chain of incriminating circumstances was complete and pointed exclusively towards the appellant’s guilt, emphasizing the reliability of the confessional note and the absence of the appellant post-crime – The Court found that the prosecution had established a complete chain of incriminating evidence, including motive, last seen together, medical evidence, confessional note, and the appellant’s abscondence – The Court relied on provisions of Section 299 CrPC and Section 33 of the Indian Evidence Act, affirming the admissibility of the witness’s statement recorded in the appellant’s absence – The Supreme Court upheld the judgments of the trial court and the High Court, concluding that the appellant was guilty of the murder of his wife and should surrender to serve the remainder of his sentence – If he fails to surrender, the trial court is directed to take steps to apprehend him.

May 12, 2024 sclaw

“Absence of Motive Not a Defense: Court Rejects Appeal Against Murder Conviction Based on Strong Eyewitness Testimony”

Apr 7, 2024 sclaw

Penal Code, 1860 (IPC) – Sections 302 and IPC – Murder – Conviction and Sentence – Modification of Sentence – Court meticulously examined the circumstantial evidence, confirming the appellant’s guilt and finding no plausible explanation for the events from the appellant – The Court discussed the principles of circumstantial evidence, emphasizing the need for a complete chain of evidence pointing to the appellant’s guilt – The Court upheld the conviction for murder, house-trespass, and attempted suicide, maintaining the modified sentence of life imprisonment for 30 years without remission

Mar 23, 2024 sclaw

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Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw