I P C Archives - Page 46 of 58 - Supreme Court of India Judgements

April 4, 2025 8:11 am

Culpable Homicide–No premeditation or preplan on part of appellant to cause death of deceased and appellant delivered single blow with sickle, provision of Section 304 Part II would apply.

Nov 1, 2017 sclaw

2008(1) LAW HERALD (SC) 113 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice J.M. Panchal Appeal (crl.) 79 of 2006 Chinnathaman…

I P C

Gun Shot Injury–Ballistic expert report–Where direct evidence is of such an unimpeachable character, and the nature of injuries, disclosed by post-mortem notes is consistent with the direct evidence, the examination of Ballistic Expert may not be regarded as essential.

Oct 21, 2017 sclaw

2008(1) Law Herald (SC) 24 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice D.K. Jain Appeal (crl.) 35 of 2006…

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Framing of charges–Even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence. Cruelty to wife–Not even a whisper of wilfull conduct of appellants of harassment of the complainant at their hands with a view to coercing her to meet any unlawful demand by then so as to attract Section 498-A IPC–Proceedings quashed.

Oct 21, 2017 sclaw

2008(1) Law Herald (SC) 8 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1716 of 2007…

I P C

Criminal Trial–Gun shot injury–Time when weapon was fired–It is never possible to ascertain with any scientific accuracy the time when a weapon or cartridge was fired.

Oct 21, 2017 sclaw

2008(1) Law Herald (SC) 1 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No.…

I P C

Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1. Medical evidence and ocular evidence–Variation in–Effect of–Held; Eyewitnesses’ account would require a careful independent assessment and evaluation for its credibility which should not be adversely prejudged making any other evidence, including medical evidence, as the sole touchstone for the test of such credibility.

Oct 16, 2017 sclaw

2007(5) LAW HERALD (SC) 4087 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 1592 of…

I P C

Criminal breach of trust by public servant–Existence of mens rea (guilty mind) must be proved.

Oct 16, 2017 sclaw

2007(5) LAW HERALD (SC) 4083 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 1542…

I P C

Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1.

Oct 14, 2017 sclaw

2007(5) LAW HERALD (SC) 4073 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1533 of…

I P C

Death by Negligence–Negligence and rashness to be punishable in terms of Section 304-A must be attributable to a state of mind wherein the criminality arises because of no error in judgment but of a deliberation in the mind risking the crime as well as the life of the person who may lose his life as a result of the crime. Death by Negligence–Accident on unmanned railway crossing, where appellant was driving a bus and engine of train struck and rear of bus–Several injured and two died–Section 302 IPC has no application. Death by Negligence– The provision of section is not limited to rash or negligent driving–Any rash or negligent act whereby death of any person is caused becomes punishable

Oct 14, 2017 sclaw

2007(5) LAW HERALD (SC) 4060 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No.…

I P C

Procuration of minor girl–Essential ingredients explained. Rape of minor–Clause ‘sixthly’ clearly stipulates that sexual intercourse with a woman with her or without her consent when she is under 16 years of age, amounts to rape.

Oct 11, 2017 sclaw

2007(5) LAW HERALD (SC) 4053 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1463…

I P C

Cheating–Agreement to sell–Sale deed executed–2 rooms demolished before execution–Whether two rooms formed the part of sale deed–Civil Suit pending regarding that–Dispute is of civil nature–Criminal Proceedings quashed.

Oct 7, 2017 sclaw

2007(5) LAW HERALD (SC) 4040 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1444 of…

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Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw

I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw

Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Mar 25, 2025 sclaw

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