Misuse of 498a – False 498A Legal Terrorism says Supreme Court in Sushil Kumar

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 on Fake Encounter Killing

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

Transmigration of motive/Transfer of Malice – S.299/300/301 IPC

  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

for a charge u/s 212 – knowledge of commission of offence sine qua non

  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

Supreme Court convicting man for wife’s murder – circumstantial evidence.

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.

The difference between Consent & Submission in cases of Rape

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

Scope of Scrutiny at the stage of discharge …Supreme Court

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

Transfer of Malice under Indian Penal Code.

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.

Virsa Singh v. State of Punjab – SC on Murder S.300 IPC

 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

Perusal of Defence testimony

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