Indian Penal Code, 1860, S.307 and S.34–Attempt to Murder-Common Intention- -Appellant came along with three other person—One of them with the bomb- Accused 4 in coming together with the other four accused and going together with them, and in shouting the words “Kill him” certainly attracted the change under Section 307 read with Section 34 of the code
(2017) 100 ACrC 937 : (2017) 177 AIC 267 : (2017) AIR(SCW) 1415 : (2017) AIR(SC) 1415 : (2017) ALLMR(Cri) 3116 : (2017) 2 ALT(Crl) 69 : (2017) 2 AndhLD(Criminal)…
Bail—Speedy Trial—Direction issued to subordinate court to decide bail applications normally within one week and High Court to ensure that bail application filed before it be decided within one month.
(2017) 99 ACrC 675 : (2017) 173 AIC 1 : (2017) 2 AICLR 362 : (2017) AIR(SCW) 1362 : (2017) AIR(SC) 1362 : (2017) ALLMR(Cri) 1737 : (2017) 2 ALT(Crl)…
Anticipatory Bail — Murder — Father of deceased had sworn affidavit that death was natural-Police has started investigation on basis of an anonymous letter that appellant had extra material affair and had took advantage of his profession-Held; appellant has already joined investigation-High Court ought to have granted anticipatory bail in view of statement of father of deceased-Ordered accordingly-Criminal Procedure Code, 1973, S.438.
(2017) 99 ACrC 699 : (2017) 173 AIC 271 : (2017) 2 AICLR 360 : (2017) AIR(SCW) 1439 : (2017) AIR(SC) 1439 : (2017) ALLMR(Cri) 2210 : (2017) 1 BBCJ…
Indian Penal Code, 1860, S.307–Attempt to Murder–Non-examination of investigating officer—Since the evidence of eye witnesses has remained unimpeached, and as there are no major contradictions or omissions in the evidence of these witnesses, the non-examination of the Investigating Officer by the prosecution may not tilt the balance in favour of the defence
(2017) 99 ACrC 901 : (2017) 174 AIC 76 : (2017) 2 AICLR 356 : (2017) AIR(SCW) 1400 : (2017) 4 AIRJharR 95 : (2017) AIR(SC) 1400 : (2017) 1…
Murder–Non-examination of witness-Witnesses have vividly deposed about the genesis of the occurrence, the participation and involvement of the accused persons in the crime-Mere non-examination of the witnesses, who might have been there on the way to hospital or the hospital itself when deceased narrated the incident, would not make the prosecution case unacceptable-Conviction upheld.
(2017) 99 ACrC 976 : (2017) 174 AIC 244 : (2017) 3 AICLR 520 : (2017) AIR(SCW) 1121 : (2017) 2 AIRJharR 668 : (2017) AIR(SC) 1121 : (2017) 1…
Indian Penal Code, 1860, S.302–Murder–Abscondence–Acquittal-Mere fact that the two accused may have absconded immediately and the fact that false information may have been given about the whereabouts of the deceased are not enough to complete the chain of circumstances.
(2017) 101 ACrC 926 : (2017) 177 AIC 198 : (2017) 2 AICLR 353 : (2017) AIR(SCW) 1327 : (2017) AIR(SC) 1327 : (2017) AllSCR(Crl) 1136 : (2017) 2 ALT(Crl)…
Constitution of India, 1950, Article 21-Right to Fair Trial-Scope of–Held;(i) The right to fair trial is not singularly absolute, as is perceived, from the perspective of the accused—It takes in its ambit and sweep the right of the victim(s) and the society at large
(2017) 99 ACrC 270 : (2017) 172 AIC 202 : (2017) 3 AICLR 573 : (2017) AIR(SCW) 1079 : (2017) 2 AIRBomR(Cri) 18 : (2017) AIR(SC) 1079 : (2017) AllSCR(Crl)…
Money Laundering—Bail—Twin conditions imposed for grant of bail under 2002 Act are constitutionally invalid and S.45 of 2002 Act is struck down as a whole.
(2018) 181 AIC 200 : (2017) AIR(SCW) 5500 : (2017) AIR(SC) 5500 : (2018) AllSCR(Crl) 158 : (2018) 1 BomCR(Cri) 508 : (2018) CriLJ 721 : (2017) CriLR 1207 :…
Civil Procedure Code, 1908, S.96 and O.41 R.31–First Appeal- Judgment of the appellate court shall state: the points for determination; the decision thereon; the reasons for the decision; and where the decree appealed from is reversed or varied, the relief to which the appellant is entitled.
(2018) 181 AIC 1 : (2017) AIR(SCW) 5604 : (2018) 1 AirKarR 392 : (2017) AIR(SC) 5604 : (2018) 126 ALR 453 : (2018) 2 AndhLD 16 : (2018) 1…
Once the order of DRT and DRAT has become final and parties acted upon accordingly then action of court commissioner in approaching MSMEDF council for arbitration award is illegal and invalid-Impugned orders of MSMEDF council and of High Court upholding orders of council, set aside.
(2018) 181 AIC 14 : (2018) AIR(SCW) 161 : (2018) AIR(SC) 161 : (2018) 126 ALR 463 : (2018) 1 BC 407 : (2018) 1 BCR 351 : (2017) 4 LawHerald(SC) 3200 : (2018)…