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 BIHAR DATE OF JUDGMENT: 13/07/1998 BENCH: M.K. MUKHERJEE, G.B. PATTANAIK ACT: HEADNOTE: JUDGMENT: WITH CRL. APPEAL Nos. 218/98, 279/98 & 280-282/98 JUDGMENT PATTANAIK,J. These five […]

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 Author: G Pattanaik Bench: G P Shah ORDER G.B. Pattanaik, J. 1. These three appeals arise out of one Sessions Trial being Sessions Trial No. […]

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 India […]

Is criminal judgment binding on a civil case ?

Comment : We, therefore, are of the opinion that the judgment in a criminal case was not relevant in evidence for the purpose of proving a person’s civil liability and the other way round. Supreme Court of India Seth Ramdayal Jat vs Laxmi Prasad on 15 April, 2009 Author: S.B. Sinha Bench: S.B. Sinha, Mukundakam […]

Evidentiary Weight when witness dies after examination in chief

Comment : This case is a preposition for “When a witness after his examination in chief dies – and hence could not be cross examined – his evidence does not ipso facto become inadmissible and washed off the record – it still can be considered though of little weight” Kerala High Court Food Inspector vs […]

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 infidelity on part of wife – strained relations on that count) ii) Last Seen together. iii) Unnatural subsequent conduct. iv) killed wife at hotel – […]

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: T Chand ORDER Tek Chand, J. 1. This is an application under Section 498, Criminal Procedure Code, for release of the petitioners on bail pending […]

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 credibility and the trustworthiness ought also to be attributed to the defence witnesses at par with that of prosecution Supreme Court of India State Of […]