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 […]

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 transferred to the wife of intended victim – it is also pertinent to note that S.299/300 talks about whoever causes […]

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 – […]

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 […]

Role of Judge in a Criminal Trial

A judgment of seminal important on the role of a judge in a criminal trial, the breadth of the 165/311 inquisitorial aspects of court’s jurisdiction are dealt with. Supreme Court Ram Chander vs State Of Haryana on 25 February, 1981 Equivalent citations: 1981 AIR 1036, 1981 SCR (3) 12 Bench: Reddy, O Chinnappa PETITIONER: […]

Appraisal of Testimony of Child Witness

Comment : Allahabad High Court Panchhi And Ors. vs State Of U.P. on 17 February, 1998 Equivalent citations: 1998 CriLJ 3305 Author: K Shahi Bench: G Mathur, K Shahi JUDGMENT K.D. Shahi, J. 1. Appellants Panchhi, Manmohan and Smt. Ram Shree have preferred this appeal against their conviction under Section 302 read with Section 34 […]