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

IN THE SUPREME COURT OF INDIACivil appeal No. 4399 of 2005 (Arising out of SLP (C) no. 17656 of 2004Decided On: 19.07.2005Appellants: 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 is to declare Section 498A … Continue reading Misuse of 498a – False 498A Legal Terrorism says Supreme Court in Sushil Kumar

Murder Conviction on testimony of interested witnesses

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

Kidnapping and Abduction are distinct offences.

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 … Continue reading Kidnapping and Abduction are distinct offences.

Conviction u/s 306 IPC in absence of a charge to the effect.

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 IndiaK. Prema S. Rao And Anr. vs Yadla Srinivasa Rao And Ors. on 25 October, 2002Equivalent citations: AIR 2003 … Continue reading Conviction u/s 306 IPC in absence of a charge to the effect.

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…

Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide

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 IndiaBhagwan Swarup And … Continue reading Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide

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

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