Category: I P C

(IPC) – Sections 391, 395 and 397 – Robbery, or dacoity, with attempt to cause death or grievous hurt – Mere acquittal of some of the accused on the same evidence by itself does not lead to a conclusion that all deserve to be acquitted in case appropriate reasons have been given on appreciation of evidence both in regard to acquittal and conviction of the accused

(2021) 13 SCALE 284 SUPREME COURT OF INDIA DIVISION BENCH GANESAN AND OTHER — Appellant Vs. STATE REP. BY STATION HOUSE OFFICER AND OTHER — Respondent ( Before : Dr.…

Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Common intention – An exhortation given by an accused immediately before a co-accused fired a shot killing the deceased would prove his involvement in the crime beyond reasonable doubt – Conviction of the accused under Sections 302 and 34 of the IPC upheld.

SUPREME COURT OF INDIA FULL BENCH GULAB — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, A.S. Bopanna and Vikram Nath, JJ. )…

(IPC) – Ss 201, 302 506-B – Gruesome murder of two of his siblings and one nephew – Conversion of death sentence to life imprisonment for a period of 30 years — It cannot therefore be said that there is no possibility of the appellant being reformed and rehabilitated foreclosing the alternative option of a lesser sentence and making imposition of death sentence imperative – This Court convert the sentence imposed on the appellant from death to life – Death sentence awarded to the appellant is converted to life imprisonment for a period of 30 years:

SUPREME COURT OF INDIA FULL BENCH BHAGCHANDRA — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. ) Criminal…

High Court has acquitted the accused for the offence under the MCOCA at the interim relief stage and has granted the final relief at the interim stage exonerating the respondent from MCOCA, which is wholly impermissible – forum shopping by the accused which is highly deprecated and which cannot be approved. On this ground also, the accused is not entitled to be released on bail and the impugned order passed by the High Court releasing the accused on bail deserves to be quashed and set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MAHARASHTRA — Appellant Vs. PANKAJ JAGSHI GANGAR — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal…

(IPC) – Section 376 – Rape – Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable – No reason to doubt the credibility and/or trustworthiness of the prosecutrix. She is found to be reliable and trustworthy – Therefore, without any further corroboration, the conviction of the accused relying upon the sole testimony of the prosecutrix can be sustained

SUPREME COURT OF INDIA DIVISION BENCH PHOOL SINGH — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal…

Penal Code, 1860 (IPC) – Sections 302 and 449 read with Section 34 – Murder of five persons – Death sentence – Review Petition – Possibility of reformation and rehabilitation of the convict is an important factor which has to be taken into account as a mitigating circumstance before sentencing him to death – There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent – Court convert the sentence imposed on the Petitioners from death to life

SUPREME COURT OF INDIA FULL BENCH MOFIL KHAN AND ANOTHER — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna,…

Indian Penal Code (“IPC”) Sections 147, 302 read with 149, 323 read with 149, 324 read with Section 149 and 201 read with Section 149 and Section 3(3)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989- HELD The ghastly murders of three youngsters which are honour killings squarely falls under the head of anti-social and abhorrent nature of the crime as mentioned in Machhi Singh v. State of Punjab (1983) 3 SCC 470

SUPREME COURT OF INDIA FULL BENCH HARI AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R. Gavai,…

Even the version of a single witness, if his testimony is found reliable by the Court, can be the foundation of the order of conviction – HELD Order of conviction and sentence recorded against original accused A1, A6, A7, A8, A10 and A13 by the Trial Court is thus restored – Appeals partly allowed.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. BABLU @ OM PRAKASH — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi, JJ. ) Criminal…

Penal Code, 1860 (IPC) – 147, 149, 302, 325, 324 and 323 – Murder – Voluntarily causing hurt – Reduction of sentence – There is a contradiction between the oral testimony of the witnesses and the medical evidence – HELD This Court convert the conviction under Sections 302/149 to 326/149 and sentence from life imprisonment to seven years.

SUPREME COURT OF INDIA DIVISION BENCH VIRAM @ VIRMA — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao and B.V. Nagarathna, JJ. )…

(IPC) – S 307 read with S 34 – Attempt to murder – Appeal against conviction and sentence – When the deadly weapon – dagger has been used, there was a stab injury on the stomach and near the chest which can be said to be on the vital part of the body and the nature of injuries caused, it is rightly held that the appellants have committed the offence under Section 307 IPC

SUPREME COURT OF INDIA DIVISION BENCH SADAKAT KOTWAR AND ANOTHER — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : M.R. Shah and S. Bopanna, JJ. ) Criminal…

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