Split Verdict in Murder Case: Conviction By PC Pant. J And Acquittal By Nariman. J [Read Judgment]
7 years, 11 months ago

Split Verdict in Murder Case: Conviction By PC Pant. J And Acquittal By Nariman. J [Read Judgment]

Live Law  

The Supreme Court gave a split verdict in a criminal appeal filed by the convicts in a murder case.A bench comprising Justice Prafulla C Pant and Justice RF Nariman disagreed with each other with regard to whether ‘benefit of doubt’ should be given to the accused. A bench comprising Justice Prafulla C Pant and Justice RF Nariman disagreed with each other with regard to whether ‘benefit of doubt’ should be given to the accused. Justice RF Nariman observed in his separate judgment: “When an order of acquittal is appealed against, it can only be interfered with when there are compelling and substantial reasons for so doing and if it is found that the trial court order is clearly unreasonable, palpably wrong, manifestly erroneous, or demonstrably unsustainable. In my opinion, the trial court order did not fall in any of these categories and the High Court in convicting the appellants and reversing a well-reasoned order of acquittal, has committed a grave error.” In view of disagreement, the Chief Justice of India will reconstitute a bench which will rehear the case.

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History of this topic

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
2 months, 2 weeks ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, …

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 months, 2 weeks ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law  

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA
3 months ago

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA

Live Law  

The Allahabad High Court on Friday delivered a split verdict in an appeal filed against the acquittal of rebel Samajwadi Party MLA Abhay Singh in connection with the 2010 attempt-to-murder case. While Justice Attau Rahman Masoodi sentenced five of the accused, including Abhay Singh, to three years of imprisonment in connection with the 2010 case, Justice Ajai Kumar Srivastava-I, on …

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court
3 months, 3 weeks ago

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court

Live Law  

The Patna High Court recently ruled that when multiple criminal appeals arise from the same trial court judgment, one involving a sentence of more than ten years and another with a sentence of less than ten years, the appeal with the lesser sentence must also be heard by the Division Bench. As per the Patna High Court Rules, all appeals …

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal
11 months ago

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal

Live Law  

Recently, the Supreme Court reiterated the principles that must be adhered to by the appellate Court while reversing the decision of acquittal as arrived by the Trial Court. The guiding principles read as follows: “ That the judgment of acquittal suffers from patent perversity; That the same is based on a misreading/omission to consider material evidence on record; That no …

Splitting Of Trial Under S. 317(2) Of Cr. P.C Can't Be Done When Further Investigation Has Already Been Ordered: Supreme Court
1 year, 3 months ago

Splitting Of Trial Under S. 317(2) Of Cr. P.C Can't Be Done When Further Investigation Has Already Been Ordered: Supreme Court

Live Law  

The Supreme Court recently held that splitting of trial under section 317 of Cr. It is pertinent to note section 317 CrPC which states: If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 10 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Supreme Court Bench Delivers Split Verdict In Civil Appeal From Specific Performance Suit
2 years, 2 months ago

Supreme Court Bench Delivers Split Verdict In Civil Appeal From Specific Performance Suit

Live Law  

The Supreme Court bench comprising Justices MR Shah and BV Nagarathna delivered a split verdict in a civil appeal arising out of a suit seeking specific performance of an agreement of sale. Without upsetting the findings recorded by the trial Court on execution of agreement to sell dated 7.8.2005; payment of part sale consideration and the other issues held in …

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court
2 years, 6 months ago

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing an appeal against acquittal in a caste-based crime, reiterated that the Appellate Court has a limited scope of interfering with acquittal appeals since prejudice lies in favour of the Accused. Further, the Appellate Court can only interfere with the order of the Trial Court provided the order was manifestly unjust, perverse or contrary to …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 7 months ago

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court

Live Law  

The Patna High Court recently observed that victim of a crime has absolute right to prefer an appeal against the order of acquittal and is not required to even seek leave to appeal, unlike a complainant. The observation came from a division bench of Justice Khatim Reza and Justice Chakradhari Sharan Singh: "A victim has absolute right to prefer an …

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court
2 years, 7 months ago

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court

Live Law  

The Allahabad High Court has observed that in acquittal appeals, the appellate Court is not required to rewrite the judgment or to give fresh reasonings when the reasons assigned by the Court below are found to be just and proper.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that while exercising appellate powers, even if …

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order
2 years, 8 months ago

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order

Live Law  

Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case.The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment. Holding that …

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case
2 years, 8 months ago

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case

Live Law  

The Supreme Court recently restored the acquittal of an accused in a murder case, after finding fault with the High Court for reversing the trial court's order. "While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one, particularly …

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines
3 years, 2 months ago

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

Live Law  

On Thursday the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. Thereafter, narrating the prosecution's case in brief, the High Court concluded that the prosecution had proved the case beyond reasonable doubt and on proper appraisal of …

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains
3 years, 2 months ago

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains

Live Law  

In a judgment delivered last week, the Supreme Court summarized the circumstances under which an appeal would be entertained by it from an order of acquittal.Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. In a judgment delivered last week, the Supreme Court summarized …

Acquittal In A Criminal Trial Has No Bearing Or Relevance On The Disciplinary Proceedings: Supreme Court
3 years, 2 months ago

Acquittal In A Criminal Trial Has No Bearing Or Relevance On The Disciplinary Proceedings: Supreme Court

Live Law  

The Supreme Court observed that an acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings.The standard of proof in both the cases are different and the proceedings operate in different fields and with different objectives, the bench comprising Justices M R Shah and BV Nagarathna observed while setting aside an order passed by Industrial Court …

Breaking: Supreme Court Acquits Three Death Row Convicts, Holds Prosecution Utterly Failed To Prove Case Beyond Reasonable Doubt
3 years, 3 months ago

Breaking: Supreme Court Acquits Three Death Row Convicts, Holds Prosecution Utterly Failed To Prove Case Beyond Reasonable Doubt

Live Law  

The Supreme Court acquitted three murder accused who were sentenced to death by the Trial Court and the Allahabad High Court.The bench comprising Justices L. Nageswara Rao, BR Gavai and BV Nagarathna observed that the prosecution utterly failed to prove the case beyond reasonable doubt.Momin Khan was accused of murdering his parents, brother and other relatives following a property. The …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 7 months ago

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

Live Law  

The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 8 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

Haren Pandya murder case: Supreme Court restores conviction of the 12 accused
5 years, 8 months ago

Haren Pandya murder case: Supreme Court restores conviction of the 12 accused

Op India  

Today, the Supreme Court restored the conviction and sentenced the 12 people accused of murdering former Gujarat Home Minister Haren Pandya in 2003. The verdict was delivered in a bench headed by Justice Arun Mishra on the appeals filed by the CBI challenging the acquittal of the accused by Gujarat High Court in 2011. Prior to Pandya’s killing the 12 …

Haren Pandya Murder: SC Sets Aside Guj HC Order, All 12 Convicted
5 years, 8 months ago

Haren Pandya Murder: SC Sets Aside Guj HC Order, All 12 Convicted

The Quint  

The Supreme Court on Friday, 5 July, restored a trial court order convicting 12 persons in the murder of former Gujarat Home Minister Haren Pandya in 2003. A bench of Justices Arun Mishra and Vineet Saran upheld the Gujarat trial court verdict in the case, setting aside the 2011 Gujarat High Court order that acquitted the 12 accused of the …

SC Acquits 3 Men Who Were Sentenced To Death Penalty, Commutes It For One [Read Order]
6 years, 1 month ago

SC Acquits 3 Men Who Were Sentenced To Death Penalty, Commutes It For One [Read Order]

Live Law  

The Supreme Court on Wednesday acquitted three murder accused whose death penalty was confirmed by the Karnataka High Court. The three-judge bench comprising CJI Ranjan Gogoi, Justice L Nageswara Rao and Justice Sanjiv Khanna also commuted death penalty awarded to one accused to life imprisonment. The apex court acquitted three accused holding that there was lack of adequate evidence on …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

Split Verdict in Murder Appeal: Justice Khanna Upholds Conviction of 3 Accused, Acquitts 2
7 years, 3 months ago

Split Verdict in Murder Appeal: Justice Khanna Upholds Conviction of 3 Accused, Acquitts 2

Live Law  

Justice Sanjiv Khanna upholds the conviction of 3 accused in a murder case, while acquitting 2 others. The case involved the murder of Ankit Minocha in 2009 and the Appeals were heard by Justice Sanjiv Khanna. Justice Khanna noted the difference of opinion between the two judges, with one upholding the conviction and the other acquitting the accused. He also …

Justice Sanjiv Khanna Decides On Split Verdict From Delhi HC In Murder Appeal; Acquits 2 Out Of 5 Accused [Read Judgment]
7 years, 3 months ago

Justice Sanjiv Khanna Decides On Split Verdict From Delhi HC In Murder Appeal; Acquits 2 Out Of 5 Accused [Read Judgment]

Live Law  

After the Delhi High Court delivered a split verdict in five criminal appeals in February this year, Justice Sanjiv Khanna, on Tuesday, upheld the conviction of 3 accused, while acquitting 2 others.The case relates to the murder of one Ankit Minocha near Chanakyapuri in 2009. After the Delhi High Court delivered a split verdict in five criminal appeals in February …

SC Delivers Split Judgment On The Guilt Of Wife In Screening Her Paramour In the Murder Of Her Husband [Read Judgment]
7 years, 8 months ago

SC Delivers Split Judgment On The Guilt Of Wife In Screening Her Paramour In the Murder Of Her Husband [Read Judgment]

Live Law  

The Supreme Court bench of Justices N.V.Ramana and Prafulla C Pant today gave a split judgment on the guilt of a wife in screening her paramour in the murder of her husband. While Justice N.V.Ramana found her innocent of the offence under Section 201 of the Indian Penal Code, Justice Prafulla C Pant found her guilty under the same provision, …

NDPS Act, Being A Presumptive Legislation, The Interpretation Has To Be Strict: SC [Read Order]
7 years, 9 months ago

NDPS Act, Being A Presumptive Legislation, The Interpretation Has To Be Strict: SC [Read Order]

Live Law  

The Supreme Court bench of Justices L.Nageswara Rao and Navin Sinha, on Thursday, in a case under the NDPS Act, restored the acquittal by the Additional Sessions Judge, Ludhiana of an accused, which was reversed by the Punjab and Haryana High Court.The High Court, on an appeal by the State, convicted and sentenced the appellant before the Supreme Court, to …

SC Acquits Accused In State’s Appeal for Conviction under Graver Charge [Read Judgment]
7 years, 11 months ago

SC Acquits Accused In State’s Appeal for Conviction under Graver Charge [Read Judgment]

Live Law  

Dismissing the state’s appeal praying for conviction under Section 302 IPC, the Supreme Court has acquitted a person convicted by the high court for abetting suicide of his wife and daughter.The trial court had convicted Ramanand, finding him guilty for having committed murder of his wife Anita and daughter Ekta and sentenced him to imprisonment for life.On his appeal to …

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]
7 years, 11 months ago

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]

Live Law  

A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court.The bench of Justice …

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]
7 years, 11 months ago

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]

Live Law  

A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court.The bench of Justice …

SC Sets Aside ‘Perverse’ Judgment Of Acquittal By Andhra Pradesh HC In Double Murder Case [Read Judgment]
8 years, 1 month ago

SC Sets Aside ‘Perverse’ Judgment Of Acquittal By Andhra Pradesh HC In Double Murder Case [Read Judgment]

Live Law  

“‘Perverse’ is not a happy expression. I entirely agree that this judgment is perverse,” said Justice RF NarimanSetting aside what it called a ‘perverse’ judgment by Andhra Pradesh High Court, the Supreme Court has convicted the sole accused in a double murder case in which a 12-year=old girl and her father were killed.The trial court had convicted P Yerraballi Amaranatha …

Breaking: Split Verdict From Delhi HC In Murder Appeal: Justice RK Gauba Upholds Conviction, Justice Gita Mittal Acquits Accused [Read Judgment]
8 years, 1 month ago

Breaking: Split Verdict From Delhi HC In Murder Appeal: Justice RK Gauba Upholds Conviction, Justice Gita Mittal Acquits Accused [Read Judgment]

Live Law  

In a rare decision, the Criminal Appellate Division Bench of Delhi High Court has delivered a split verdict in five criminal appeals preferred by the accused who stood convicted by a trial court for allegedly having committed murder in a road rage incident in Chanakyapuri in 2009.The case related to the murder of Ankit 23-yr old son of property dealer …

Appeal Against Acquittals To Be Disposed Of On Merits By Passing A Reasoned Order, SC Tells Allahabad HC [Read Order]
8 years, 5 months ago

Appeal Against Acquittals To Be Disposed Of On Merits By Passing A Reasoned Order, SC Tells Allahabad HC [Read Order]

Live Law  

High Court has not even stated facts and nature of evidence so as to make out that the conclusion of the trial court was not perverse, the Bench observed.Disposing of an appeal against a ‘cryptic’ order passed by a high court in a government appeal against the acquittal of an accused by a trial court in Uttar Pradesh, the Supreme …

The Forensic Nuances Of Saumya’s Case, Examined
8 years, 6 months ago

The Forensic Nuances Of Saumya’s Case, Examined

Live Law  

Even though the media, both print and electronic, is responsible for sensationalizing the tragic death of Saumya beyond all proportions by resorting to the much criticized mode of trial by media, this article is not written to quench the curiosity of the media or of the general public; nor is it attempted as a review in disguise. The Apex Court …

The Forensic Nuances Of Saumya’s Case, Examined
8 years, 6 months ago

The Forensic Nuances Of Saumya’s Case, Examined

Live Law  

Even though the media, both print and electronic, is responsible for sensationalizing the tragic death of Saumya beyond all proportions by resorting to the much criticized mode of trial by media, this article is not written to quench the curiosity of the media or of the general public; nor is it attempted as a review in disguise. The Apex Court …

HC Rejects Appeal By Victim’s Mother Against Acquittal Of Accused As Victim Died Before Trial [Read Judgment]
8 years, 7 months ago

HC Rejects Appeal By Victim’s Mother Against Acquittal Of Accused As Victim Died Before Trial [Read Judgment]

Live Law  

The Delhi High Court dismissed an appeal filed by the victim’s mother u/s 372 CrPC challenging the acquittal of the accused in a rape case. The trial court had exonerated the accused on account of death of the victim prior to her examination and in absence of any crucial testimony.Justice S.P.Garg clarifying its stance, considered all available material evidence in …

Death from Trial Court, Acquittal from High Court and Life Sentence from Supreme Court [Read Judgment]
9 years ago

Death from Trial Court, Acquittal from High Court and Life Sentence from Supreme Court [Read Judgment]

Live Law  

In these days, civilized people are generally insensitive to come forward to give any statement in respect of any criminal offence. Unless it is inevitable, people normally keep away from the Court as they feel it distressing and stressful, the Bench said.Supreme Court in Sadhu Saran Singh vs. State of UP, taking note of the reluctance of people to come …

Haren Pandya murder: SC allows CBI appeal on acquittal of 12
13 years, 2 months ago

Haren Pandya murder: SC allows CBI appeal on acquittal of 12

Firstpost  

Supreme Court today admitted the appeal filed by the CBI and the Gujarat government challenging the High Court’s acquittal of 12 convicts in the murder of former state Home Minister Haren Pandya. The Supreme Court today admitted the appeal filed by the CBI and the Gujarat government challenging the High Court’s acquittal of 12 convicts in the sensational murder of …

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