I P C Archives - Page 36 of 59 - Supreme Court of India Judgements

April 26, 2025 4:08 pm

Murder–An attack with a deadly weapon on the vital part of the body and that proved to be a fatal blow–Exception 4 to Section 300 has no application. Murder–Exception 4 to Section 300 IPC applies in the absence of any premeditation.

Mar 31, 2019 sclaw

2009(1) LAW HERALD (SC) 597 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. of…

I P C

–The appellants herein have been convicted and sentenced for the offences punishable under Sections 365 and 352 of the Indian Penal Code–HELD –On going through the evidence of PW1 in its entirety, we concur with the opinion rendered by the courts below that her evidence appears to be natural, consistent, probable and reliable. Her evidence remains unimpeached on material particulars. PW1 has given the details of the incident in question and we do not find any major contradiction in her evidence so as to disbelieve her testimony.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RAJAGOPAL AND OTHERS — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Indira Banerjee,…

I P C

Penal Code, 1860 (IPC) – Sections 141, 147, 149 and 302 – Criminal Procedure Code, 1973 (CrPC) – Section 157 – Mere presence in an unlawful assembly cannot render a person liable unless there was a common object, being one of those set out in Section 141 I.P.C

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH AMRIKA BAI — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Indira Banerjee, JJ.…

I P C

Penal Code, 1860 (IPC) – Sections 170, 395 and 412 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Dacoity –While maintaining the conviction, the impugned judgment and order passed by the High Court by which the accused are sentenced to undergo seven years R.I. is hereby modified and both the accused are sentenced to undergo five years R.I. for the offences for which they are convicted – Appeals partly allowed.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAHANGIR HUSSAIN AND OTHERS — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ. )…

I P C

Abetment to Suicide—Proximity of Time—Conviction is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide.

Mar 27, 2019 sclaw

2019(1) Law Herald (SC) 316 : 2019 LawHerald.Org 521 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal No.…

I P C

Murder—Rape of girl aged 8 years—No finding recorded by courts below to the effect that there is no possibility of reformation of appellant-Death sentence converted into imprisonment for life.

Mar 25, 2019 sclaw

2019(1) Law Herald (SC) 252 : 2019 LawHerald.Org 507 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice…

I P C

Murder—Acid Attack—Accused poured acid on face of deceased—In circumstances of case intention seems to severely injure or disfigure the deceased—Death sentence converted into life sentence.

Mar 25, 2019 sclaw

2019(1) Law Herald (SC) 248 : 2019 LawHerald.Org 506 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice…

I P C

Criminal Breach of trust by Public Servant—Reduction in Sentence—Embezzlement of 85 litres of diesel from depot of State Transport by its bus driver—Appellant is now in his late sixties and no longer in service—He is also ailing and is not involved in any other criminal activity—Sentence reduced to period already undergone with increment in fine

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 204 : 2018 LawHerald.Org 2056 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…

I P C

Previous Bad Character—Use of previous bad character evidence is prohibited except when the convict himself chooses to lead evidence of his good character. Murder—Death Sentence—Life Imprisonment—The criminal, however ruthless he might be, is nevertheless a human being and is entitled to a life of dignity notwithstanding his crime. Murder—Death Sentence—Where the social re-integration of the convict may not be possible, the option of a long duration of imprisonment is permissible. DNA Test—Failure to produce available DNA evidence leads to an adverse presumption against the prosecution and in favour of appellant for the purpose of sentence only.

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 172 : 2018 LawHerald.Org 2051 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…

I P C

Murder—Death Sentence—Mitigating Factor—Socio-economic factors must be taken into consideration as access to justice and remedies to justice are not easily available to the poor and the needy

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 161 : 2018 LawHerald.Org 2050 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw

Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw

Category: I P C

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