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 […]
Tag: ipc 302
Transmigration of motive/Transfer of Malice – S.299/300/301 IPC
Comment : A case where a person shoots to kill his adversary but ends up killing his wife – is convicted of murder by aid of S.301 – The Court holds that his malice/intention […]
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 […]
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 […]
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, […]
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 […]
Transfer of Malice under Indian Penal Code.
CASE NOTE : A true classic on Transmigration of Motive/Transfer of Malice cases. In this case the accused gave poisoned halwa to X who having enough to make him sick, threw it away – which was […]
Virsa Singh v. State of Punjab – SC on Murder S.300 IPC
Comment : The Court held that to bring a case under section 300 IPC Part 3 – the prosecution need not prove that the accused knew the injury to be sufficient in the ordinary course of […]
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 […]