Supreme Court of India Judgements

46054 Judgements hosted as on 15/11/2023 - Search (FREE), Subscribe, Read & Download

Category: I P C

Acquittal I P C

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Acquittal – The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide – By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide

Dec 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHIT SINGHAL AND ANOTHER — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

I P C

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – Applicability of Section 34 of the IPC – For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design – 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

Dec 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM NARESH — Appellant Vs. STATE OF U.P. — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal No.…

I P C Prevention of Money Laundering Act

Penal Code, 1860 (IPC) – Section 120B – Prevention of Money Laundering Act, 2002 – Section 3 – Prevention of Money Laundering Act (PMLA) not be applicable to criminal conspiracy under Section 120B of the Indian Penal Code (IPC) unless the conspiracy is specifically related to money laundering – PMLA to be invoked, the conspiracy must have a direct connection to money laundering activities

Dec 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAVANA DIBBUR — Appellant Vs. THE DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…

I P C

(CrPC) – Sections 482, 378 and 407 – Penal Code, 1860 (IPC) – Sections 448, 454 and 380 – Theft – Discharge application – When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground – There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHNU KUMAR SHUKLA AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin…

I P C

(IPC) – Sections 307, 323 and 324 – Attempt to murder – Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances – the injuries on complainant and his mother have been found to be simple in nature, which is an additional point in the appellants’ favour – Only offences under Sections 323 and 324 of the IPC can be made out – Conviction under Section 307, IPC is unsustainable

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIVAMANI AND DINESH KUMAR — Appellant Vs. STATE REPRESENTED BY INSPECTOR OF POLICE — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…

I P C

Held, the appellant may have accidentally caused the death of the deceased while intoxicated, there is no evidence to prove that the appellant, due to intoxication – The absence of such evidence, combined with the appellant not claiming to have been intoxicated against his will, leads to the conclusion that Section 86 of the (IPC) does not apply – Therefore, the appellant is not entitled to a reduction of the sentence from Section 302 IPC (murder) to a charge falling under Part II of Section 304 IPC (culpable homicide not amounting to murder) – Appeal Dismissed.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NANHE — Appellant Vs. STATE OF U.P. — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal No. 2791…

I P C

Penal Code, 1860 (IPC) – Sections 302, 307, and 326 read with Section 120B – Abkari Act, 1077 – Section 55(a), 55 (h), 55 (i) and 57(A)(1)(ii) – Deadly conspiracy of liquor poisoning by mixing noxious substances likely to endanger human life -Conspiracy is when two or more persons agree to do or cause to be done an illegal act or legal act by illegal means – Offence of criminal conspiracy is an exception to the general law, where intent alone does not constitute crime – It is the intention to commit a crime and join hands with persons having the same intention –

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAJEEV — Appellant Vs. STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal No. 1134…

I P C

Penal Code, 1860 (IPC) – Sections 302 and 149 – Arms Act, 1959 – Section 25 – Murder – Death sentence – Criminal history of the convict by itself cannot be a ground for awarding him death penalty – Past conduct does not necessarily have to be taken into consideration while imposing death penalty – Present case is not a case wherein it can be held that imposition of death penalty is the only alternative

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MADAN — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, B.V. Nagarathna and Prashant Kumar Mishra, JJ. ) Criminal…

Dying Declaration I P C

Murder of wife – First Information Report and the dying declarations on record clearly contain the statement of the deceased that when she had poured kerosene upon herself to deter the appellant from fighting and assaulting, he lighted a matchstick and with the intention to kill her, threw it upon her by saying “You Die” – Conviction and Sentence upheld.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANIL KUMAR — Appellant Vs. THE STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…

You missed

Specific Performance

Specific Performance Of Re-Conveyance Deed Can’t Be Sought When Plaintiff Denies Defendant’s Title In Property

Dec 3, 2023 sclaw
Acquittal SC/ST

Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 – Sections 3(2)(v) and 14A(1) – – Acquittal -There must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’

Dec 2, 2023 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Acquittal – The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide – By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide

Dec 2, 2023 sclaw
I P C

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – Applicability of Section 34 of the IPC – For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design – 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

Dec 2, 2023 sclaw