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) and Ors. JUDGMENT: By this petition purported to have been filed under Article 32 of the Constitution of India, 1950 (in short ‘the Constitution’) prayer […]Read More Misuse of 498a – False 498A Legal Terrorism says Supreme Court in Sushil Kumar
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 […]Read More Murder Conviction on testimony of interested witnesses
Comment : In this case the accused was charged u/ss 363 & 366 – later on trial it became apparent on evidence that the girl was major hence the charge for 363 had to fail, the prosecution notwithstanding the same sought to sustain the conviction u/s 366 as the same can also be committed by […]Read More Kidnapping and Abduction are distinct offences.
Comments : In this case the court held that even though no specific charge u/s 306 is framed – the accused can be convicted under the same (S.221(2) CrPC) if otherwise 304B/498A was framed. Supreme Court of India K. Prema S. Rao And Anr. vs Yadla Srinivasa Rao And Ors. on 25 October, 2002 […]Read More Conviction u/s 306 IPC in absence of a charge to the effect.
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 […]Read More Women convicted of murder on jumping in well with children…
Comment : In this case of unnatural death of a DIL – notwithstanding failure of prosecution to bring home offences 302/306/304B against the accused – convicted the FIL u/s 202 for failure to inform the police – intentional ommission to give information having reason to believe that an offence is committed. Supreme Court of India […]Read More Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide
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, […]Read More Scope of Scrutiny at the stage of discharge …Supreme Court
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: […]Read More Causing Death of Tresspasser by Rash & Negligent Act
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 […]Read More Murder under Supposed Circumstances
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 […]Read More Emporer v. Dhirajia – On Murder S.300 IPC