IN THE SUPREME COURT OF INDIA Civil appeal No. 4399 of 2005 (Arising out of SLP (C) no. 17656 of 2004 Decided On: 19.07.2005 Appellants: Sushil Kumar SharmaVs.Respondent: Union of India (UOI) … Continue reading Misuse of 498a – False 498A Legal Terrorism says Supreme Court in Sushil Kumar
Supreme Court of India Brijlala Pd. Sinha vs State Of Bihar on 13 July, 1998 Author: Pattanaik Bench: M Mukherjee, G Pattanaik PETITIONER: BRIJLALA PD. SINHA Vs. RESPONDENT: STATE OF … Continue reading Supreme Court on Fake Encounter Killing
Comment : A case where a person shoots to kill his adversary but ends up killing his wife – is convicted of murder by aid of S.301 – The … Continue reading Transmigration of motive/Transfer of Malice – S.299/300/301 IPC
Supreme Court of India Sanjeev Kumar vs State Of Himachal Pradesh on 22 January, 1999 Equivalent citations: AIR 1999 SC 782, 1999 (1) ALD Cri 322, 1999 CriLJ 1138 … Continue reading for a charge u/s 212 – knowledge of commission of offence sine qua non
In this interesting case – the Court convicted the man for murdering his wife, on the basis of following evidence – the chain of circumstantial evidence :- i) Motive (Suspected … Continue reading Supreme Court convicting man for wife’s murder – circumstantial evidence.
Punjab-Haryana High Court Rao Harnarain Singh Sheoji Singh … vs The State on 12 August, 1957 Equivalent citations: AIR 1958 P H 123, 1958 CriLJ 563 Author: T Chand Bench: … Continue reading The difference between Consent & Submission in cases of Rape
This Judgment highlights the scope of scrutiny at the stage of discharge. Supreme Court of India R.S. Mishra vs State Of Orissa & Ors. on 1 February, 2011 Bench: J.M. … Continue reading Scope of Scrutiny at the stage of discharge …Supreme Court
CASE NOTE : A true classic on Transmigration of Motive/Transfer of Malice cases. In this case the accused gave poisoned halwa to X who having enough to make him sick, threw … Continue reading Transfer of Malice under Indian Penal Code.
Comment : The Court held that to bring a case under section 300 IPC Part 3 – the prosecution need not prove that the accused knew the injury to be sufficient … Continue reading Virsa Singh v. State of Punjab – SC on Murder S.300 IPC
Comment : defence witnessess cannot always be termed to be tainted one. defences witnesses are entitled to equal treatment and equal respect as that of the prosecution. The issue of … Continue reading Perusal of Defence testimony