Case Law - Criminal Law

Determination of period of sentence for committing offence under section 326…[State of Madhya Pradesh V. Udham and Others]

Complainant was sitting with three other people in his house when respondent along with other co-accused armed with lathis barged in – An altercation took place between two groups over tying of cow, in course of which respondent and other co-accused gave lathi blows to complainant and other people

June 21, 2020

Conviction in case of dowry death, whether permissible only on basis of deceased’s relatives… [Kantilal V. State of Gujarat]

Section 498A, read with section 302 of Indian Penal Code,1860 – Dowry Death- prosecution’s case was that deceased was daughter-in-law of appellant – She was continuously tortured for dowry in her matrimonial home and ultimately she committed suicide…

June 21, 2020

Section 313 of CrPc, 1973, scope of…[Fainul Khan V. State of Jharkhand and Another]

Appellants were convicted for murder of deceased under section 302,IPC- Appellant filed instant appeal contending that proper opportunity to defend them was denied under section 313 because incriminating questions put to him mere casual and perfunctory

June 21, 2020

Applicability of section 20A of TADA Act, guidelines of…[Ebha Arjun Jadeja & Ors. V. State of Gujarat]

Section 20 A of the Terrorist and Disruptive Activities Act 1987, Cognizance of offence – Appellant was caught with a foreign made pistol – Since he could not produce license and other relevant documents for possession of said gun…

June 21, 2020

Conviction of accused for committing murder solely on basis of prosecution witnesses,whether justified… [Jodhraj & Anr. V. State of Rajasthan]

Section 302 of the Indian Penal Code,1860- Murder-Appellant was charged with offence of committing murder of deceased along with other co-accused – Trail court passed an order of conviction under section 302 of IPC…

May 23, 2020

Conviction of appellant under section 302 on basis of confession allegedly obtained by force, consequences of… [Md. Younus Ali Tarafdar V. State of West Bengal]

Section 302, read with section 34 of the Indian Penal code,1860- Murder- Appellant and deceased were good friends- Deceased’s brother alleged that on the day of incident, he had told him that he was going to meet the appellant- Deceased’s brother allegedly gave his wrist watch to him at that time…

May 10, 2020

Conviction of accused under sections 304 B and 498 A on basis of different dying declarations, effects of…[Kashmira Dev V. State of Uttarakhand & Ors.]

Section 304 B, read with section 498 A of the Indian Penal Code, 1860- Dowry death- Deceased was married to appellant’s son- Case of deceased’s mother was that appellant and her family members raised demand of dowry and ill treated deceased…

May 2, 2020

Appellant, in course of altercation, fired once at deceased, whether a case of murder was made out… [Sankath Prasad V. State of Uttar Pradesh]

Section 304, read with section 302 of the Indian Penal Code,1860-Culpable homicide not amounting to murder- An altercation took place between appellant’s brother and deceased over the excavation of mound – In the heat of moment, the appellant brought a gun from his house and fired at deceased causing his death..

April 24, 2020

Blow given by appellant to deceased with a lathi in course of altercation, whether a case for murder was made out… [Ananta Kamilya V. State of West Bengal]

Section 304 read with section 302 of the Indian Penal Code, 1860- Culpable homicide not amounting to murder- An altercation took place between the appellant and deceased- In the heat of said moment, appellant picked up a lathi lying near by and gave a single blow on the head of deceased causing his death

April 19, 2020

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