Category: I P C

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…

(IPC) – Ss 302, 376, 364, 366A, and 201 – Rape and Murder – Death Sentence converted to life imprisonment -Incarceration for life will serve as sufficient punishment and penitence for his actions, in the absence of any material to believe that if allowed to live he poses a grave and serious threat to the society, and the imprisonment for life in our opinion would also ward off any such threat – There is hope for reformation, rehabilitation, and thus the option of imprisonment for life is certainly not foreclosed and therefore acceptable – Conviction and sentences of appellant for offences under Sections 302, 376, 364, 366A and 201 of the Code uphold

SUPREME COURT OF INDIA FULL BENCH IRAPPA SIDDAPPA MURGANNAVAR — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R. Gavai, JJ. )…

Penal Code, 1860 (IPC) – Sections 392 and 397 – Disclosure statement – where the prosecution fails to inspire confidence in the manner and/or contents of the recovery with regard to its nexus to the alleged offence, the Court ought to stretch the benefit of doubt to the accused – Its nearly three centuries old cardinal principle of criminal jurisprudence that “it is better that ten guilty persons escape, than that one innocent suffer”. The doctrine of extending benefit of doubt to an accused, notwithstanding the proof of a strong suspicion, holds its fort on the premise that “the acquittal of a guilty person constitutes a miscarriage of justice just as much as the conviction of the innocent” .

SUPREME COURT OF INDIA FULL BENCH BIJENDER @ MANDAR — Appellant Vs. STATE OF HARYANA — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ. )…

Penal Code, 1860 (IPC) – Sections 391, 395 and 397 – 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 – Conviction of accused for offence punishable under Section 397 IPC is hereby set aside and the appellants–accused are convicted for the offences under Section 391 IPC punishable under Section 395 IPC – Appeal partly allowed.

SUPREME COURT OF INDIA DIVISION BENCH GANESAN AND OTHER — Appellant Vs. STATE REP. BY STATION HOUSE OFFICER AND OTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Penal Code, 1860 (IPC) – Sections 300 and 304-II – Culpable homicide not amounting to murder – The incident was stated to have occurred when initially there was an exchange of words between the ladies which then got converted into an incident where blows were exchanged – matter would be covered by Exception fourthly to Section 300 IPC and as such, the crime in question would not be “murder” but “culpable homicide not amounting to murder” – All the accused would be principally guilty of the offences under Section 304-II and Section 304-II read with Section 149 of the IPC.

SUPREME COURT OF INDIA FULL BENCH SITA RAM AND OTHERS — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Bela M.…

Criminal Procedure Code, 1973 (CrPC)- Section 482 – Penal Code, 1860 (IPC) – Section 306 – Abetment of suicide – Suicide note – Investigation stayed and Proceedings quashed – Appeal against – Alleged suicide is of a person who was working as a driver of a Special Land Acquisition Officer, who is a public servant and against whom serious and grave allegations of amassing wealth disproportionate to the known sources of income were made by the deceased. The suicide note contains a detailed account of the role of the accused in the events which led to the deceased committing suicide – order of High Court set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH  MAHENDRA K C — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna, JJ. )…

Penal Code, 1860 (IPC) – Section 376(2)(f) read with Section 511 -It is a settled preposition of Criminal Jurisprudence that in every crime, there is first, Mens Rea (intention to commit), secondly, preparation to commit it, and thirdly, attempt to commit it. If the third stage, that is, ‘attempt’ is successful, then the crime is complete. If the attempt fails, the crime is not complete, but law still punishes the person for attempting the said act. ‘Attempt’ is punishable because even an unsuccessful commission of offence is preceded by mens rea, moral guilt, and its depraving impact on the societal values is no less than the actual commission.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. MAHENDRA ALIAS GOLU — Respondent ( Before : Surya Kant and Hima Kohli, JJ. ) Criminal Appeal…