I P C Benefit of Doubt – For bringing home the guilt of the accused, prosecution has to firstly prove negligence and then establish direct nexus between negligence of the accused and the death of the victim – Appeal Allowed. May 24, 2022 sclaw
I P C Navjot Singh Sidhu Review case ” The hand can also be a weapon by itself where say a boxer, a wrestler or a cricketer or an extremely physically fit person inflicts the same. HELD “defenceless and unprotected state of victim” appropriate in the facts of the present case. May 19, 2022May 19, 2022 sclaw
I P C In the absence of any allegation of dishonest inducement, it cannot be said that accused has committed any offence under Section 420 of IPC for which she is accused charge-sheeted – Proceedings quashed – Appeal allowed. May 15, 2022 sclaw
I P C Section 124A of IPC – – All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance. Adjudication with respect to other Sections, if any, could proceed if the Courts are of the opinion that no prejudice would be caused to the accused. HELD We hope and expect that the State and Central Governments will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC May 11, 2022May 11, 2022 sclaw
I P C Voluntarily causing hurt by dangerous weapons – Conviction and sentence – When a person commits an offence of voluntarily causing hurt by dangerous weapons and means under Section 324 of Indian Penal Code, then such person shall be punished with imprisonment for a period of three years, or with fine April 25, 2022 sclaw
I P C Penal Code, 1860 (IPC) – Section 307 – Attempt to murder – Merely because a long period has lapsed by the time the appeal is decided cannot be a ground to award the punishment which is disproportionate and inadequate – High Court order set aside April 11, 2022 sclaw
I P C Appeal against acquittal – Murder – Common intention – Motive established – Therefore, once accused presence has been established and proved and specific role of exhortation was assigned to him, the High Court ought to have confirmed the conviction of accused February 20, 2022 sclaw
I P C Accused gave several blows/multiple blows on the vital part of the body – head which resulted into grievous injuries and he used “Phakadiyat” with such a force which resulted in Skull fracture and a frontal wound on left side and wounds with 34 stitches on the left side of the skull – Accused is held guilty for the offence under Section 302 IPC February 20, 2022 sclaw
I P C Insulting or Abusing SC-ST Person – Quantum of sentence – Appellant and his family members were insisting that the de facto complainant should vacate the shop in her possession – Reason for the incident appears to be the dispute over the said shop -Considering these facts and the fact that the appellant has already undergone a sentence for more than 9 months, this is a fit case where the substantive sentence should be reduced to rigorous imprisonment for 1 year – Appeal allowed. January 23, 2022 sclaw
I P C (IPC) – Section 498A – Cruelty – When an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence – If a lady, i.e., the mother-in-law herein does not protect another lady, the other lady, i.e., daughter-in-law would become vulnerable – appellant is reported to be approximately 80 years old, sentence reduced. January 18, 2022 sclaw
