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 July 26, 2022 sclaw
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 – July 23, 2022July 23, 2022 sclaw
I P C Expression “falsely charges” in Section 221 IPC cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trial – An investigation may be transferred to the CBI only in “rare and exceptional cases” July 17, 2022 sclaw
I P C HELD all the three appellants are in jail and have undergone several years of incarceration. We accordingly award the sentence for the period already undergone by all the three appellants. July 14, 2022 sclaw
I P C Penal Code, 1860 (IPC) – Section 302 – Death sentence – Murder during the course of robbery – Imposition of death sentence would be unwarranted July 10, 2022 sclaw
I P C POCSO Death sentence confirmed – Kidnapping, Rape and murder of Mentally challenged Seven-and-a-half-year-old girl – in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct. July 10, 2022July 10, 2022 sclaw
I P C Conspiracy in committing the loot and murder – Minor inconsistencies in the statement of witnesses are not of any consequence looking to the finding concurrently recorded by two courts July 10, 2022 sclaw
I P C Death sentence Confirmed – Kidnapping, Rape and murder of Mentally challenged Seven-and-a-half-year-old girl – Even the alternative of awarding the sentence of imprisonment for whole of the natural life with no remission does not appear justified in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct. July 3, 2022 sclaw
I P C BSF constable fired from rifle in self defence – Right of private self defence would be available to the appellant keeping in mind preponderance of probabilities that leans in favour of the appellant – where he was suddenly confronted by a group of intruders, who had come menacingly close to him, were armed with weapons and ready to launch an assault on him, he was left with no other option but to save his life by firing at them June 19, 2022 sclaw
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
