In this murder case the court was faced with a situation where a grandson murdered his grandfather when the latter tried bringing sense into him not to indluge in rowdyism and to work. The Court convicted on the basis of clinching testimony of 3 eye witnesses/Recovery/Disclousure Statement/Strained Relations and subsequent conduct of the offendor. The […]
Comment : In this case a women driven to despair and torture jumped into a well with her three children, was convicted u/s 300 (4) for causing death by act with knowledge that such act is so imminently dangerous that it must in all probability cause death. The defence took the specios plea that such act […]
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. Panchal, H.L. Gokhale HELD:1.1. The provision concerning the framing of a charge is to be found in Section 228 of Cr.P.C. This Section is however, […]
Supreme Court of India Cherubin Gregory vs The State Of Bihar on 31 July, 1963 Equivalent citations: 1964 AIR 205, 1964 SCR (4) 199 Bench: Ayyangar, N Rajagopala PETITIONER: CHERUBIN GREGORY Vs. RESPONDENT: THE STATE OF BIHAR DATE OF JUDGMENT: 31/07/1963 BENCH: AYYANGAR, N. RAJAGOPALA BENCH: AYYANGAR, N. RAJAGOPALA SINHA, BHUVNESHWAR P.(CJ) SHAH, J.C. CITATION: […]
Comment : The Court summed up the law on death caused under supposed circumstances. The Law in a nutshell is examine the initial mens rea ? and not the latter one because when the person takes another to be dead and then hangs him up to potrray this as a suicide he has mens rea only […]
Allahabad High Court Emperor vs Mt. Dhirajia on 4 June, 1940 Equivalent citations: AIR 1940 All 486 Author: Braund JUDGMENT Braund, J. 1. This is an appeal of some little interest. The appellant is a young woman of 20 who was tried for murder by the Sessions Judge of Benares and who was tried […]
Supreme Court of India Rathnashalvan vs State Of Karnataka on 11 January, 2007 Author: D A Pasayat Bench: D A Pasayat, S Kapadia CASE NO.: Appeal (crl.) 45 of 2007 PETITIONER: Rathnashalvan RESPONDENT: State of Karnataka DATE OF JUDGMENT: 11/01/2007 BENCH: DR. Arijit Pasayat & S.H. Kapadia JUDGMENT: JUDGMENT DR. ARIJIT PASAYAT, J. : 1. […]
Bharat Chugh 