Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Murder

Murder

(IPC) – Ss 302 & 149 – (CrPC) – S 164 – Murder – Investigating Officer to have got the statement under section 164 CrPC recorded – If he did not think it necessary in his wisdom, it cannot have any bearing on the testimony of witness and the other material evidence led during trial – Conviction and sentence upheld

Feb 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJAI ALIAS AJJU ETC. ETC. — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ.…

Murder

(IPC) – Section 302 read with 34 – Murder – – whether it is sufficient in the ordinary course to lead to death – The adequacy or otherwise of medical attention is not a relevant factor in this case, because the doctor who conducted the post-mortem clearly deposed that death was caused due to cardio respiratory failures, as a result of the injuries inflicted upon the deceased – Thus, the injuries and the death were closely and directly linked

Jan 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRASAD PRADHAN AND ANOTHER @.APPELLANT Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : Krishna Murari and S. Ravindra Bhat, JJ. ) Criminal…

I P C Murder

HELD the High Court is justified in reversing the judgment of acquittal by the Trial Court- the motive is treated secondary in view of the fact that this is a case of direct evidence of injured eye-witnesses- the facts narrated in the FIR are fully corroborated by much of the documentary evidence and are fully in consonance with the testimony of the prosecution witnesses. the only question related to the persons involved and the manner of commission of the offence. Finding of trial Court that the arrest and recovery were doubtful were glaring mistakes. H C completely justified. Dismissed

Nov 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ASHOK KUMAR SINGH CHANDEL — Appellant Vs. STATE OF U.P. — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Pamidighantam…

I P C Murder

(IPC) – Sections 302 and 149 – Murder – Non-recovery of the weapons cannot be a ground to discard the evidence of the injured eye witnesses -HELD in order to make culpable homicide as murder the act by which death is caused should fall not only under any one or more of clauses firstly to fourthly under Section 300, IPC but they should also not fall under any of the five exceptions to Section 300, IPC –

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GURMAIL SINGH AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ.…

I P C Murder

Sections 498-A, 302 and 120-B IPC – falsehood cooked up by the witnesses (regarding illness and hospitalisation of the victim) and readily accepted by the appellant coupled with the undischarged burden of Section 106 of the Evidence Act provide such strong links in this matter that the chain of circumstances is complete, leading to the conclusion on the guilt of the appellant beyond any doubt.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MD. ANOWAR HUSSAIN — Appellant Vs. STATE OF ASSAM — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal Appeal No.…

Bail Declined Murder

Cancellation of bail – Grounds on which the said co-­accused was released on bail and the grounds on which the present respondent is released on bail are same – Once the bail in favour of co­-accused has been cancelled by this Court, the bail in the present case also requires to be cancelled – Bail cancelled.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH JOSEPH JOHNSON N. MAITHKURI — Appellant Vs. SUBRAHMANYA AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Criminal Appeal…

Murder

Accused has failed to explain the aforesaid incriminating material/circumstances found against him namely the purchase of pesticides by him, prior to the occurrence and that the very bottle of pesticide which was purchased by him was found from the place of occurrence – Conviction and sentence id upheld.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HAJABHAI RAJASHIBHAI ODEDARA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw