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 […]

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 – […]

Tukaram v. State of Maharashtra 1979 SC

Largely hailed as a rare example of judicial insensitivity to a rape victim/gender outrage – the judgment paved path for various amendments in rape related laws – especially those catering to situations on dominance where a person uses his official/superior position to obtain advantage (see S.376A to D) also introduced was S.114A which raised a […]

The Law on Common Intention S.34 Indian Penal Code

A landmark decision on the domain of S.34 as a principle of constructive criminality, where a lot many persons do a thing in furtherance of their common intention – each of them is liable – as if he had done it alone. This is based on common logic that presence & assistance of confedarates lends […]