I P C Murder – Organized crime – High Court quashed charge sheet against accused for KCOCA offences – Appeal against – High Court has completely glossed over the crucial fact that the writ petition was filed only after the sanction was accorded by the competent authority under Section 24(2) and more so cognizance was also taken by the competent Court of the offence of organized crime committed by the members of organized crime syndicate including the writ petitioner October 24, 2021 sclaw
I P C Penal Code, 1860 (IPC) – Ss 363, 366, 376, 376D and 506 – Protection of Children from Sexual Offences Act, 2012 – Ss 3 and 4 – Kidnapping and gang rape – insofar as the incident of rape attributed to the appellant it does not disclose that all the accused had committed rape on her or had the common intention and aided the commission – Charge of gang rape has not been established with convincing evidence – Appellant is liable to be convicted under Section 376 IPC and not under Section 376D IPC, the appropriate sentence to be imposed needs consideration. October 11, 2021October 11, 2021 sclaw
I P C IPC Section 302/34 – no contra evidence on behalf of the defence to explain as to why they all went together to the spot with fire-arms and shot at the deceased – On the other hand, the antecedent enmity between the accused and the victims as narrated in detail by PW-1 clearly brings out the fact that there existed a common intention on the part of the accused inasmuch as they went together armed with guns in broad day light to the land where the victims were engaged in irrigation – Also the manner in which the crime was executed clearly establishes a concerted action on part of the accused – Conviction under section 302 read with Section 34 of IPC uphold – Appeal dismissed. September 26, 2021September 27, 2021 sclaw
I P C High Court ought not to have convicted the appellant for the offence under Section 304 PartI IPC – In absence of any intention on the part of the appellant, It is a clear case where the conviction of the appellant is to be modified to one under Section 304 PartII IPC by maintaining the conviction for the offence under Section 201 IPC. HELD converting conviction from the one under Section 304 PartI IPC to the one under Section 304 PartII IPC – Appeals are allowed in part and conviction of the appellant is modified from the one under Section 304 Part I /34 IPC to the one under Section 304 Part II /34 IPC September 26, 2021 sclaw
I P C (IPC) – Sections 299, 302 and 304 – Murder – Appeal against conviction and sentence -it is held that the accused conviction under Section 302 IPC was not appropriate – Section 304 IPC Code provides punishment for culpable homicide not amounting to murder (under Section 299 IPC). In the facts of the present case, this court is of the opinion that the accused should be convicted for the offence punishable under the first part of Section 304 IPC, as he had the intention of causing such bodily harm, to the deceased, as was likely to result in his death, as it did. September 19, 2021 sclaw
I P C Penal Code, 1860 (IPC) – Section 302 – Murder of wife on suspicion of her infidelity – Sentence of imprisonment for life – Question of propriety of specifying rigorous imprisonment while imposing life sentence – Matter settled in Naib Singh v. State of Punjab & Ors., (1983) 2 SCC 454 held that the sentence of imprisonment for life has to be equated to rigorous imprisonment for life September 19, 2021 sclaw
I P C On the facts of the case the High Court noted that there was absence of common object–What was to be expected was an assault–It was held that A-2 to A-7 were guilty of offence punishable under Section 304 Part II, IPC–Trial Court and the High Court rightly found the appellant guilty–Reasoning given by the High Court finding appellant guilty does not suffer from any infirmity–Penal Code, 1860, Section 304 Part II. September 12, 2021 sclaw
I P C (IPC) – Section 306, 498A read with Section 114 – to attract the applicability of Section 113-A of the Evidence Act, three conditions are required to be fulfilled :- (i) The woman has committed suicide, (ii) Such suicide has been committed within a period of seven years from the date of her marriage, (iii) The charged-accused had subjected her to cruelty – From the facts of the case at hands, all the three conditions stand fulfilled September 12, 2021 sclaw
I P C IBC – Resolution plan approved by Committee of Creditors (CoC) – Jurisdiction of the Adjudicating Authority and Appellate Authority cannot extend into entering upon merits of a business decision made by a requisite majority of the CoC in its commercial wisdom – Nor is there a residual equity based jurisdiction in the Adjudicating Authority or the Appellate Authority August 14, 2021 sclaw
