Murder—Gunshot—Ballistic report did not supported prosecution story— Accused acquitted .
(2017) 99 ACrC 944 : (2017) 174 AIC 225 : (2017) 2 AICLR 415 : (2017) AIR(SCW) 1323 : (2017) 3 AIRJharR 332 : (2017) AIR(SC) 1323 : (2017) 1…
Indian Penal Code, 1860, S.302–Murder–Abscondence–Acquittal-Mere fact that the two accused may have absconded immediately and the fact that false information may have been given about the whereabouts of the deceased are not enough to complete the chain of circumstances.
(2017) 101 ACrC 926 : (2017) 177 AIC 198 : (2017) 2 AICLR 353 : (2017) AIR(SCW) 1327 : (2017) AIR(SC) 1327 : (2017) AllSCR(Crl) 1136 : (2017) 2 ALT(Crl)…
Forgery—An offence of forgery cannot lie against a person who has not created it or signed it—Making of document is different than causing it to be made. Forgery—Evidence on record clearly reveals that power of attorney was not executed by the complainant and the beneficiary was the accused—Still the accused cannot be convicted as both the accused cannot be held as maker of forged documents.
(2018) AIR(SC) 2434 : (2018) CriLR 527 : (2018) 2 LawHerald(SC) 581 : (2018) 7 SCALE 362 SUPREME COURT OF INDIA DIVISION BENCH SHEILA SEBASTIAN — Appellant Vs. R. JAWAHARAJ — Respondent…
Indian Penal Code, 1860, S.302~Murder–Intention to kill-Intention to cause death must not be readily inferred-Merely because accused pierced the chest of deceased with spear (ballam), it cannot be assumed that accused intended to cause death.
2018(2) Law Herald (SC) 470 : 2018 LawHerald.Org 927 SUPREME COURT OF INDIA DIVISION BENCH TULARAM — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Madan B. Lokur and Deepak Gupta, JJ.…
Criminal Procedure Code, 1973, S.378«Appeal against Acquittal- -When the High Court while reversing the decision of the Session Court acquits the accused and assigns the reasons by appreciating the entire evidence in support of the acquittal, then Supreme Court would not be inclined to interfere in the order of acquittal.
(2018) 102 ACrC 316 : (2018) 181 AIC 269 : (2018) 1 AICLR 273 : (2017) AIR(SCW) 5353 : (2017) AIR(SC) 5353 : (2018) ALLMR(Cri) 445 : (2018) 1 ApexCourtJudgments(SC)…
Murder—Last seen together—The time of death was estimated to be between two to four weeks prior to the recovery of the body-Therefore, conviction cannot be based on mere circumstance that the appellant and deceased were last seen together—Accused acquitted.
(2017) 101 ACrC 989 : (2017) 180 AIC 33 : (2017) 4 AICLR 671 : (2017) AIR(SCW) 4839 : (2017) AIR(SC) 4839 : (2017) AllSCR(Crl) 1843 : (2017) 3 ALT(Crl)…
Murder—Acquittal—Non joining of independent witness—If the evidence of prosecution witness is not consistent and corroborated by o the r evidence the n non-examination of independent witness is fatal to prosecution case.
(2017) 100 ACrC 285 : (2017) 175 AIC 139 : (2017) 3 AICLR 539 : (2017) AIR(SCW) 2779 : (2017) AIR(SC) 2779 : (2017) 2 AllCrlRulings 1297 : (2017) AllSCR(Crl)…
Indian Penal Code, 1860 S.304-B–Dowry Death–Acquittal–Appellants are brothe r-in-law and sister-in-law of deceased-No specific role attributed to them in FIR and the y used to live in separate village
(2017) 100 ACrC 977 : (2017) 177 AIC 76 : (2017) 3 AICLR 1 : (2017) AIR(SCW) 2386 : (2017) AIR(SC) 2386 : (2017) 2 AllCrlRulings 1551 : (2017)…
Murder—Recovered weapon was not sent for examination to ascertain whether the fatal injury could be resulted by it—Accused acquitted.
(2017) 100 ACrC 613 : (2017) 176 AIC 245 : (2017) 3 AICLR 635 : (2017) AIR(SCW) 2114 : (2017) 4 AIRJharR 836 : (2017) AIR(SC) 2114 : (2017)…
Murder—Acquittal—Medical Evidence – Expert Evidence—Expert’s opinion should be demonstrative and should be supported by convincing reasons—Court cannot be expected to surrender its own judgment and delegate its authority to a third person, however great.
(2017) 100 ACrC 300 : (2017) 175 AIC 154 : (2017) 3 AICLR 307 : (2017) AIR(SCW) 2397 : (2017) 2 AIRBomR(Cri) 627 : (2017) AIR(SC) 2397 : (2017) 2…