I P C Archives - Page 18 of 59 - Supreme Court of India Judgements

HELD it is not established that the appellant dishonestly received stolen property with the knowledge and belief that the goods found in his possession were stolen, the conviction of the appellant under Section 411 IPC cannot be sustained.

Sep 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SHIV KUMAR — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal Appeal…

I P C

HELD the minimum sentence provided for the offence punishable under Section 302 IPC would be imprisonment for life and fine – There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for the offence punishable under Section 302 IPC

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MADHYA PRADESH — Appellant Vs. NANDU @ NANDUA — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Criminal…

I P C

(IPC) – Ss 405, 415 and 420 – The offence of criminal breach of trust contains two ingredients: (i) entrusting any person with property, or with any dominion over property; and (ii) the person entrusted dishonestly misappropriates or converts to his own use that property to the detriment of the person who entrusted it.

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M N G BHARATEESH REDDY — Appellant Vs. RAMESH RANGANATHAN AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A S…

Acquittal I P C

Ingredients of Section 120B IPC – it is not necessary that there must be a clear, categorical and express agreement between the accused – An implied agreement must manifest upon relying on principles established in the cases of circumstantial evidence.

Aug 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH RAM SHARAN CHATURVEDI — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. )…

I P C

Where a higher charge is not framed for which there is evidence, the accused is entitled to assume that he is called upon to defend himself only with regard to the lesser offence for which he has been charged

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH GHULAM HASSAN BEIGH — Appellant Vs. MOHAMMAD MAQBOOL MAGREY AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Abhay S. Oka and J.B. Pardiwala,…

I P C

Abetment of suicide – An FIR under Section 306 of the IPC cannot even be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, care-givers or anyone else.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DAXABEN — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Criminal Appeal…

I P C

Acts of provocation on the basis of which the appellant caused the death of his brother, were both sudden and grave and that there was loss of self-control – This Court convert the conviction of the appellant from Section 302 to Part I of Section 304 of the IPC.

Aug 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DAUVARAM NIRMALKAR — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Criminal Appeal No.…

I P C

Indian Penal Code, 1860 (45 of 1860), Section 191 – Perjury — False evidence — Affidavit — An affidavit is ‘evidence’ within the meaning of Section 191 of the IPC and a person swearing to a false affidavit is guilty of perjury.

Aug 1, 2022 sclaw

SUPREME COURT OF INDIA Before: A.M. Khanwilkar & J.B. Pardiwala, JJ. Writ Petition (Criminal) No. 103 of 2009 Decided on: 14.07.2022 Himanshu Kumar and others – Petitioner(s) Versus State of…

I P C

Prosecution can lead evidence only in accordance with the charge framed by the trial court – Where a higher charge is not framed for which there is evidence, the accused is entitled to assume that he is called upon to defend himself only with regard to the lesser offence

Jul 26, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH GHULAM HASSAN BEIGH — Appellant Vs. MOHAMMAD MAQBOOL MAGREY AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Abhay S. Oka and J.B. Pardiwala,…

I P C

Appeal allowed – Penal Code, 1860 (IPC) – Section 302 – Murder – Even the evidence of a hostile witness can be considered to the extent, it supports the case of the prosecution –

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MALTI SAHU — Appellant Vs. RAHUL AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 471…

HELD it is not established that the appellant dishonestly received stolen property with the knowledge and belief that the goods found in his possession were stolen, the conviction of the appellant under Section 411 IPC cannot be sustained.

HELD the minimum sentence provided for the offence punishable under Section 302 IPC would be imprisonment for life and fine – There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for the offence punishable under Section 302 IPC

Ingredients of Section 120B IPC – it is not necessary that there must be a clear, categorical and express agreement between the accused – An implied agreement must manifest upon relying on principles established in the cases of circumstantial evidence.

Where a higher charge is not framed for which there is evidence, the accused is entitled to assume that he is called upon to defend himself only with regard to the lesser offence for which he has been charged

Abetment of suicide – An FIR under Section 306 of the IPC cannot even be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, care-givers or anyone else.

Acts of provocation on the basis of which the appellant caused the death of his brother, were both sudden and grave and that there was loss of self-control – This Court convert the conviction of the appellant from Section 302 to Part I of Section 304 of the IPC.

Indian Penal Code, 1860 (45 of 1860), Section 191 – Perjury — False evidence — Affidavit — An affidavit is ‘evidence’ within the meaning of Section 191 of the IPC and a person swearing to a false affidavit is guilty of perjury.

Prosecution can lead evidence only in accordance with the charge framed by the trial court – Where a higher charge is not framed for which there is evidence, the accused is entitled to assume that he is called upon to defend himself only with regard to the lesser offence

Appeal allowed – Penal Code, 1860 (IPC) – Section 302 – Murder – Even the evidence of a hostile witness can be considered to the extent, it supports the case of the prosecution –

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An unregistered agreement of sale is admissible as evidence of the contract in a specific performance suit, under the proviso to Section 49, Registration Act.

Prosecution for obstructing public servant (S.186 IPC) requires mens rea and compliance with S.195 Cr.PC; absence renders proceedings an abuse of process.

Supreme Court of India Judgements

Category: I P C

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