Category: I P C

Penal Code, 1860 (IPC) – Section 302 – Arms Act, 1959 – Section 25 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Evidence Act, 1872 – Sections 27 and 106 – Murder of wife – Burden of Proof – Where an offence like murder is committed in secrecy inside a house, the initial burden to establish the case would undoubtedly be upon the prosecution, but the nature and amount of evidence to be led by it to establish the charge cannot be of the same degree as is required in other cases of circumstantial evidence.

SUPREME COURT OF INDIA DIVISION BENCH NAWAB — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Criminal Appeal No. 884 of…

Penal Code, 1860 (IPC) – Sections 34, 300, 302, 498-A, Section 304-Part II – Criminal Procedure Code, 1973 (CrPC) – Sections 313 – Evidence Act, 1872 – Section 106 – Murder of wife by throttling – Conviction and Sentence – Appeal against – In particular injuries suffered, it is quite clear that the act would fall within the scope of Section 300 of the IPC

SUPREME COURT OF INDIA DIVISION BENCH PAUL — Appellant Vs. STATE OF KERALA — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal Appeal No. 38…

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.…

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