Supreme Court of India Judgements

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Category: Acquittal

Acquittal

In the instant case, none of the circumstances relied upon by the prosecution have been proved beyond reasonable doubt, and there is no question of a complete chain of circumstances being formed that would point towards the guilt of the accused. In Court’s considered opinion, the benefit of doubt should therefore be granted in their favour – The Courts below erred in convicting Accused Nos. 1 and 2 for the offences of the abduction and murder of the deceased – Appeal allowed.

Sep 8, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH UMESH TUKARAM PADWAL AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay…

Acquittal

Murder~Circumstantial Evidence-¬ Acquittal-Private Complaint-Death due to overdose of drugs-Amount of the offending substance found in the blood of deceased was equal to injecting 40 ml of tidijesic -Deceased and the accused were sleeping in one room—Prosecution failed to prove that accused injected drug to deceased

Jun 28, 2019 sclaw

2019(2) Law Herald (SC) 1410 : 2019 LawHerald.Org 935 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr. Justice Deepak Gupta Criminal Appeal No.…

Acquittal

ACQUITTAL :: Murder- -Culpable Homicide-Right of Private Defence-Acquittal-Appellant being a forest ranger had every reason to believe that due to suspicious moment of deceased party in the forest, they were trying to smuggle the sandal wood from the forest—Deceased party was aggressor as they first pelted stones and damaged the appellant’s vehicle shouting “fire them”–

Jun 9, 2019 sclaw

2019(2) Law Herald (SC) 1322 : 2019 LawHerald.Org 925 : (2019) AIR(SC) 1389 : (2019) 2 RCR(Criminal) 325 : (2019) 4 SCALE 490 IN THE SUPREME COURT OF INDIA Before…

Acquittal

Rape–Suicide–Dying declaration–There are several inconsistencies and contradictions–Eye-witnesses examined by the prosecution i.e. PWs 13 and 15 who happen to be the brother and the friend of the deceased did not support the prosecution version and resiled from their statement made during investigation–Acquittal upheld

Apr 14, 2019 sclaw

    2009(1) LAW HERALD (SC) 629 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 352…

Acquittal

Indian Penal Code, 1860, S.302 and S.120-B-Murder–Circumstantial Evidence—Acquittal—Missing Link evidence–circumstances which emerged and taken note of gives a suspicion in completing the claim of commission of crime beyond doubt—Petitioner held entitled to benefit of doubt-Petitioner acquitted.                 

Apr 8, 2019 sclaw

2019(1) Law Herald (SC) 821 : 2019 LawHerald.Org 610 IN THE SUPREME COURT OF INDIA Before HonTjel Mr. Justice Ajay Rastogi Hon’bel Mr. Justice K.M. Jospeh Criminal Appeal NO(s). 148…

Acquittal

Indian Penal Code, 1908, S.376–Rape–Delay in lodging FIR– Acquittal-Delay of 7 months in lodging FIR-In present case evidence adduced by prosecutrix falls short of test of reliability and acceptability and as such it is highly unreliable to act upon It-­ Critical examination of evidence on record is warranted in such cases- -Accused acquitted.

Apr 6, 2019 sclaw

2019(1) Law Herald (SC) 710 : 2019 LawHerald.Org 703 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogol Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr.…

Acquittal

Common intention–Evidence of PWs 2 and 3 did not attribute any overt act to the appellant–The mere fact that he was in the company of the accused who were armed would not be sufficient to attract Section 34 IPC–Appellant cannot be held guilty by application of Section 34 IPC–His conviction is accordingly set aside. Common intention–Section 34 is applicable even if no injury has been caused by the particular accused himself–For applying Section 34 it is not necessary to show some overt act on the part of the accused.

Mar 31, 2019 sclaw

2009(1) LAW HERALD (SC) 606 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of…

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