Case Law - Criminal Law

Conviction of murder on basis of circumstances evidence, whether a case of death penalty;

Where appellant with no criminal background, was held guilty of murder on basis of circumstantial evidence, it not being a case of ‘rarest of the rare category’ death penalty was to be converted into life imprisonment.

December 29, 2018

Appellant Inflicting blows to father with axe causing death, whether a case of murder;

Where appellant having grudges against father for his share in agriculture land, followed him in filed and inflicted blows with axe resulting in death of victim, a case for murder under section 302 was made out

December 5, 2018

Petition challenging appellant’s election dismissed on meet whether case for perjury made out;

Where appellant’s election to Lok Sabha was challenged but he could not remain present in proceedings by stating that notice was received by his employee, since election petition itself was dismissed later on, no case for perjury was made out u/s 340 of CRPC on ground that aforesaid statement given by appellant was false.

October 16, 2018

Deceased hit truck from back, whether compensation payable;

Where deceased travelling in a car, hit truck from back and there was no evidence on record showing that driver of truck was driving truck in rash and negligent manner, no case for payment of compensation was made out

October 16, 2018

Victim survived attack caused by Axe, quantum of sentence v/s 307;

Where accused, first time offenders, caused injuries to victim with axe which were not very serious in nature and victim survived for more than 20 years after attacked, conviction v/s 307 was to be upheld but quantum of sentence was to be reduced to period already undergone by accused.

October 16, 2018

Block inflicted with deadly weapon without premeditated intention, punishment of;

Where in converse of sudden fight between two groups, appellant inflicted below on chest of deceased with spear resulting in his death; in absence of nay premeditated intention to cause death, he was to be convicted u/s 299 and not u/s 300

October 15, 2018

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