Category: I P C

Penal Code, 1860 (IPC) – Sections 302, 404 and 34 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3 and 3(2)(v) – Murder – Appeal against Order of discharge – HELD In such a situation the proceedings shall proceed in an appropriate court for the offences punishable under IPC notwithstanding investigation and the charge­sheet being not liable to be accepted only in respect of offence under Section 3 of the Act for taking cognizance of that offence

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. BABBU RATHORE AND ANOTHER — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. ) Criminal…

Penal Code, 1860 (IPC) – Sections 300-Exception 4, 302, 304, 304-Part-I, 304-Part-II – Death due to injury in quarrel – Alteration of sentence – It is true that the deceased died because of the injuries caused by the accused – However, as observed above, the incident had taken place on the spur of the moment and after some altercation the accused took the lathi which was lying there and caused the injury on the head of the deceased – The offence committed does not amount to murder.

SUPREME COURT OF INDIA DIVISION BENCH ANANTA KAMILYA — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

Penal Code, 1860 (IPC) – Sections 166, 165, 420, 468 and 471 – Prevention of Corruption Act, 1947 – Sections 5(1)(d) and 5(2) – Cheating – Appeal against conviction and sentence – Appellant knowing fully well that the invoices/bills were fake and fabricated, were presented on behalf of the firm to the bank and thus cheated the bank – Crime test requires to evaluate and provide adequate deference to factors such as role of the accused and his position within the rank of conspirators, among other things

SUPREME COURT OF INDIA FULL BENCH MAYANK N SHAH — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : N.V. Ramana, R. Subhash Reddy and B.R. Gavai,…

SC Sets Aside Death Sentence In A 13 Day Trial, Says ‘Fast Tracking Must Not Result In Burial Of Justice’ – HELD expeditious disposal of criminal cases must never result in burying the cause of justice. The bench comprising Justice Uday Umesh Lalit, Justice Indu Malhotra and Justice Krishna Murari set aside a death penalty awarded to a rape and murder accused in a trial that finished within thirteen days.

SUPREME COURT OF INDIA FULL BENCH ANOKHI LAL — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna Murari, JJ. )…

Penal Code, 1860 (IPC) – Sections 302, 307, 147, 148, 149 and 452 – Murder – Unlawful assembly – Common object – Appeal against acquittal – Medical evidence and ocular evidence – It is trite law that minor variations between medical evidence and ocular evidence do not take away the primacy of the latter.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH — Appellant Vs. RAVINDRA @ BABLOO AND OTHERS — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. )…

Nirbhaya gang rape and murder case – IPC – Sections 376(2)(g), 120-B, 377, 365, 366, 395, 397, 302, 307, 412 – Unnatural sex and inserted iron rod in the private parts of the prosecutrixHELD Review Petition – In the judgment dated 05.05.2017, this Court held that the case is falling within “the rarest of rare cases”

SUPREME COURT OF INDIA FULL BENCH AKSHAY KUMAR SINGH — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : R. Banumathi, Ashok Bhushan and A. S. Bopanna, JJ.…

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 379 – Uttar Pradesh Minor Mineral (Concession) Rules, 1963 – Rules 3, 57 and 7 – Mines and Minerals (Development and Regulation) Act, 1957 – Sections 4 and 21 – Prevention of Damage to Public Property Act, 1984 – Sections 3 and 4 – Theft of mining sand – Quashing of complaint – Mere violation of Section 4 which is an offence cognizable only under Section 21 of the Mines Regulation Act and not under any other law – There is no bar on the Court from taking cognizance of the offence under Section 379 of the IPC

SUPREME COURT OF INDIA DIVISION BENCH KANWAR PAL SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna,…

Penal Code, 1860 (IPC) – Section 85 – Murder of Wife – Act of pouring kerosene – Influence of liquor -HELD merely establishing that his mind was affected by drink so that he more readily gave way to some violent passion, does not rebut the presumption that a man intends the natural consequences of his acts

  SUPREME COURT OF INDIA DIVISION BENCH SURAJ JAGANNATH JADHAV — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. )…