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 … Continue reading Murder Conviction on testimony of interested witnesses
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Women convicted of murder on jumping in well with children…
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 … Continue reading Women convicted of murder on jumping in well with children…
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. 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, … Continue reading Scope of Scrutiny at the stage of discharge …Supreme Court
Causing Death of Tresspasser by Rash & Negligent Act
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: … Continue reading Causing Death of Tresspasser by Rash & Negligent Act
Murder under Supposed Circumstances
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 … Continue reading Murder under Supposed Circumstances
Emporer v. Dhirajia – On Murder S.300 IPC
Allahabad High CourtEmperor vs Mt. Dhirajia on 4 June, 1940Equivalent citations: AIR 1940 All 486Author: BraundJUDGMENTBraund, 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 at the same time for attempted suicide … Continue reading Emporer v. Dhirajia – On Murder S.300 IPC
Supreme Court on Rash & Grossly Negligent.
Supreme Court of IndiaRathnashalvan vs State Of Karnataka on 11 January, 2007Author: D A PasayatBench: D A Pasayat, S KapadiaCASE NO.:Appeal (crl.) 45 of 2007PETITIONER:RathnashalvanRESPONDENT:State of KarnatakaDATE OF JUDGMENT: 11/01/2007BENCH:DR. Arijit Pasayat & S.H. KapadiaJUDGMENT:JUDGMENTDR. ARIJIT PASAYAT, J. :1. Leave granted.2. Appellant calls in question legality of the judgment rendered by a learned Single Judge … Continue reading Supreme Court on Rash & Grossly Negligent.