Penal Code, 1860 (IPC)-Sections 34, 300 – Common intention – Murder – Determination
AIR 1998 SC 1553 : (1998) CriLJ 1563 : (1997) 4 Crimes 407 : (1997) 7 SCALE 629 : (1998) AIRSCW 903 : (1997) 10 Supreme 404 SUPREME COURT…
Murder—Non reliable testimony of eye witness—Does not mean that circumstantial evidence, also should be discarded.
2007(4) LAW HERALD (SC) 2656 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1439 of…
Certificate showing date of birth issued by Principal was not on record either before trial Court or High Court – Plea that accused-appellant was less than 21 years of age on date of commission of offence – Cannot be permitted to be raised for first time before Supreme Court.
AIR 2008 SC 1120 : (2008) CriLJ 1604 : (2008) 2 CTC 76 : (2008) 1 JT 669 : (2008) 2 SCALE 101 : (2008) 3 SCC 111 :…
Penal Code, 1860 (IPC) – Section 364-A – Abduction – Conveyance of demand of ransom – Abduction of victim, a college student – Accused persons told him that they will ask his father to pay a huge amount for his release – Victim managed to escape and informed villagers – Accused arrested on the spot – Demand of ransom has already been made by conveying it to victim
(2004) CriLJ 4645 : (2004) 8 JT 72 : (2004) 7 SCALE 671 : (2004) 8 SCC 95 SUPREME COURT OF INDIA MALLESHI — Appellant Vs. STATE OF KARNATAKA…
Right to private defence—Merely because there was a quarrel and some of the accused persons sustained injuries, that does not confer a right of private defence extending to the extent of causing death.
2007(3) LAW HERALD (SC) 2595 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1090 of…
Criminal Procedure Code, 1973, Section 378—Appeal against acquittal—It is trite that only when two views are possible, Supreme Court cannot interfere with a judgment of acquittal; but that would not mean that despite existence of substantial and compelling reasons, the Court will refuse to interfere in a case where it would be just and proper to do so.
2007(3) LAW HERALD (SC) 2577 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal Nos. 85-87 of 2000…
Penal Code, 1860 (IPC) – Sections 300, 34 – Common intention – Murder – Appellant holding deceased while she was attacked by assailants – He neither released deceased nor tried to dissuade assailants from attacking – Appellant could be said to have shared the common intention of killing the deceased.
AIR 2003 SC 342 : (2003) CriLJ 473 : (2002) 9 JT 576 : (2002) 10 SCC 60 : (2003) 1 UJ 341 SUPREME COURT OF INDIA MAJOR SINGH…
Penal Code, 1860 – Section 376 read with Section 90 – Criminal Procedure Code, 1973 – Section 378 – Rape – Acquittal by High Court – Misconception of fact – If consent is given by prosecutrix under misconception of fact, it is vitiated – Accused had sexual intercourse with prosecutrix by giving false assurance to prosecutrix that he would marry her –
AIR 2014 SC 384 : (2014) 1 CCR 28 : (2014) CriLJ 540 : (2014) 1 JCC 398 : (2014) 1 JT 315 : (2014) 1 RCR(Criminal) 173 :…
FIR–Delay in lodging FIR by itself would not be sufficient to discard the prosecution version unless it is unexplained and such delay coupled with the likelihood of concoction of evidence.
2007(3) LAW HERALD (SC) 2470 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1020 of…
Penal Code, 1860 (IPC) — Section 34, 120B, 302, 364A, 386, 511 —Conviction for offence — The Appellant aggrieved by his conviction for offence under Sections 302/34 of the Indian Penal Code and sentenced — the recovery of The dead body on the statements made by the accused from the house in their possession has been proved.
(2014) 1 CCR 398 SUPREME COURT OF INDIA VIJAY KUMAR — Appellant Vs. STATE (NCT) OF DELHI — Respondent ( Before : J.S. Khehar, J; C.K. Prasad, J )…