7 years, 7 months ago

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]

Live Law

Partly allowing a criminal appeal filed by one Parshuram Shankar Kamble, the Bombay High Court has set aside his murder conviction and held him guilty under Section 304 of the Indian Penal Code and sentenced him to 10 years’ imprisonment.However, Kamble’s lawyers argued that their client has already under gone the sentence awarded, as he. Partly allowing a criminal appeal filed by one Parshuram Shankar Kamble, the Bombay High Court has set aside his murder conviction and held him guilty under Section 304 of the Indian Penal Code and sentenced him to 10 years’ imprisonment. Observations and Final Order After hearing the submissions made by counsel for the accused and the Additional Public Prosecutor, the court noted that act of going to his hut and coming back with knife was deliberate act on the part of the accused with an intention to cause harm to the deceased Sharda. Hence the conviction of the accused under,Section 302 of the IPC would have to be set aside and substituted by the conviction under Section 304 part II of the IPC.”

Court Conviction Accused Ipc Deceased Sharda Kamble Section 304 case ipc ii sets hc deceased 304 knife conviction bombay accused sharda aside murder 26yrold read court judgment

History of this topic

2 weeks, 5 days ago

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration

Live Law

The Supreme Court recently discharged two persons accused of not providing safety equipment to their employees, leading to their deaths due to electrocution while working on a signboard by using an iron ladder. The Trial Court and High Court rejected the appellants' discharge application, holding that there was sufficient material to proceed with the trial under Section 304 Part II …

3 weeks, 4 days ago

Haryana: CBI court jails 3 excise officials for 4 years in corruption case

Hindustan Times

A special CBI court in Panchkula has sentenced three central excise officials to four years of rigorous imprisonment in a 2017 corruption case. The convicted officials—Anil Kumar, Ajay Kumar, and inspector Ravinder Singh Dahiya—were found guilty under Section 120-B of the Indian Penal Code and various provisions of the Prevention of Corruption Act, 1988. During the trial, the complainant turned …

1 month, 2 weeks ago

Punjab & Haryana HC Acquits Man Of 'Unsound Mind' Convicted Of Murdering 3 Yr-Old Daughter, Says Insanity Doesn't Render Person Inhuman

Live Law

Finding that the convict was mentally unsound at the time of incident, the Punjab & Haryana High Court acquitted a man convicted and sentenced to life imprisonment for the murdering his three-year-old daughter.The Court allowed the defence under Section 84 IPC to the convict since mens rea was absent due to the accused's prolonged mental illness and he was incapable …

1 month, 2 weeks ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – January 2025

Live Law

Supreme Court: Plea In Supreme Court Challenges BSA's Electronic Evidence & Confession Provisions And BNS Sections Case Title: Vinod Kumar Boinapally Versus Union Of India And Ors., W.P. S.187 BNSS | Supreme Court Affirms HC Judgment That Police Custody Must Be Within First 40 Days For Offences Punishable Upto 10 Yrs Imprisonment Case : Hyder Ali v.State of Karnataka The …

1 month, 3 weeks ago

RG Kar rape-murder case: HC nixes W.B. govt’s appeal against life term sentence to convict, admits CBI plea

The Hindu

The Calcutta High Court on Friday rejected the West Bengal government’s appeal challenging the trial court’s life term till death sentence awarded to RG Kar hospital rape-murder case convict Sanjay Roy, while admitting the same plea of the CBI. Both the CBI and the State government filed appeals before the High Court seeking capital punishment for Roy, the sole convict …

1 month, 3 weeks ago

RG Kar case: Calcutta HC rejects Bengal govt's plea challenging Sanjay Roy's life term, admits CBI’s appeal

India TV News

Calcutta High Court on Friday rejected West Bengal government's appeal challenging the trial court's life term till death sentence awarded to RG Kar hospital rape-murder case convict Sanjay Roy. CBI's plea against Sanjay Roy's life sentence Central Bureau of Investigation approached Calcutta High Court seeking enhancement of the punishment awarded to the convict at the trial. West Bengal government's appeal …

1 month, 4 weeks ago

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court

Live Law

the Courts while exercising its discretion at the time of passing the appropriate sentence in a given case, is entitled to use its discretionary power in awarding imprisonment or fine or with both. The Karnataka High Court recently observed that an accused who has suffered an order of conviction in a prosecution under Section 138 of the Negotiable Instruments Act …

2 months ago

RG Kar case: Calcutta HC reserves order on pleas by CBI, Bengal govt against life term to Sanjay Roy

Hindustan Times

The Calcutta High Court on Monday reserved its order on the admission of two appeals, one by the West Bengal government and the other by the CBI, challenging a trial court order which sentenced RG Kar hospital rape-murder convict Sanjay Roy to life imprisonment till death. The West Bengal government and the CBI filed two appeals against a trial court …

RG Kar rape-murder case: Calcutta HC reserves judgement on admission of appeals by WB govt, CBI

India TV News

The Calcutta High Court on Monday heard the appeals submitted by the West Bengal government and the Central Bureau of Investigation, challenging a trial court order which sentenced RG Kar hospital rape-murder convict Sanjay Roy to life imprisonment till death. The court's division bench, presided by Justice Debangsu Basak, heard both the state government and the CBI, who argued that …

2 months, 1 week ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

2 months, 1 week ago

RG Kar convict Sanjay Roy gets life term: What next for him, victim's family?

India Today

A Kolkata court on Monday sentenced Sanjay Roy, the convict in the rape and murder case of a trainee doctor at RG Kar Medical College and Hospital, to life imprisonment until death. Under Section 415 of the BNS, any person convicted in a trial held by a sessions judge, additional sessions judge, or any other court where a sentence of …

2 months, 1 week ago

Allahabad High Court Acquits Murder Convict Who Was Given Remission In 2021 Upon Spending 25 Years In Jail

Live Law

The Allahabad High Court last week acquitted a murder accused who had been given remission in the year 2021 upon completing 25 years in Jail, as it found manifest illegality in the trial court judgment pronounced in March 2002. In 2002, the trial court found the prosecution's case proved beyond a reasonable doubt, convicted the appellant under Section 302 IPC, …

3 months ago

2 persons get rigorous life imprisonment in murder case in Chevella

Deccan Chronicle

Hyderabad: In a significant judgment, the X Additional District and Sessions Judge in Ranga Reddy district sentenced two persons - ‎Guduru Kumar and Kotha Kurva Ramachandraiah to undergo rigorous life imprisonment and to pay a fine of Rs.5,000 in a murder case that took place in Chevella. In default of payment of fine, they must undergo simple imprisonment for one …

3 months, 2 weeks ago

Madras HC reverses acquittal of seven in murder case, hands them double life-term

New Indian Express

CHENNAI: Finding the judgment of the trial court to be “perverse”, the Madras HC has reversed the acquittal of seven persons and sentenced them to double life imprisonment in a murder case. Holding that the prosecution has proved the charges beyond doubt, the bench sentenced Ramesh, Pandu alias Pandurangan, Sathish alias Sathishkumar, Prakash, Suresh, Ravi alias Pillakka Ravi and Kutti …

3 months, 2 weeks ago

'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide

Live Law

The Gujarat High Court overturned the murder conviction of two men to culpable homicide not amounting murder, after noting that the facts of the case the ingredients of the offence of murder under the IPC were not made out. Relying on the same, the division bench then observed “For the reasons recorded above, we have no hesitation to hold that …

3 months, 2 weeks ago

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts

Live Law

The Punjab & Haryana High Court has upheld the conviction in a double murder case of four convicts, observing that the fine of Rs.50,000 imposed on one convict was "extremely minimal" and there should not be a disparity of fine amount among co-convicts.Justice Sureshwar Thakur and Kuldeep Tiwari said, "the imposition of the fine amount of Rs.50,000/- upon the convict.Gurdev …

3 months, 3 weeks ago

Ex-IPS officer Sanjiv Bhatt acquitted in 27-year-old custodial torture case by Gujarat court

Hindustan Times

Former Indian Police Service officer Sanjiv Bhatt has been acquitted in a 27-year-old custodial torture case as the prosecution could not "prove the case beyond reasonable doubt", PTI reported. Ex-IPS officer Sanjiv Bhatt is currently serving time in the Rajkot Central Jail in a 1990 custodial death case. The court observed that the prosecution could not "prove the case beyond …

4 months, 2 weeks ago

Bombay HC upholds death sentences for father, son in quadruple family murder case

Hindustan Times

Mumbai: The Nagpur bench of the Bombay High Court has confirmed death sentences for a father and son convicted of murdering four family members, whilst acquitting a third defendant. The Nagpur bench of the Bombay High Court has confirmed death sentences for a father and son convicted of murdering four family members. ) While finding sufficient grounds to uphold the …

4 months, 2 weeks ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

4 months, 2 weeks ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024

Live Law

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

6 months, 3 weeks ago

First conviction under Bharatiya Nyaya Sanhita in Bihar as two get life sentence

Hindustan Times

In a first, two persons were sentenced to life imprisonment in Bihar under the new criminal law Bharatiya Nyaya Sanhita. “To my knowledge this is the first instance of the accused of triple murder case has been given life sentence under the new BNS act in the country,” said public prosecutor of Chhapra Court, Surendra Nath Singh. The Chhapra court …

7 months ago

1990 custody death case: SC notice on ex-IPS Sanjiv Bhatt plea against conviction

Hindustan Times

The Supreme Court on Tuesday has asked for the Gujarat government’s response on a petition filed by sacked IPS officer Sanjiv Bhatt challenging his conviction in a 1990 custodial death case in which he has been sentenced to life imprisonment. Senior advocates Kapil Sibal along with Devadatt Kamat appearing for the former IPS officer said that the high court failed …

7 months, 1 week ago

HC stays execution of sentence given to AAP MP Sanjay Singh

Hindustan Times

Lucknow The Lucknow bench of the Allahabad high court on Thursday stayed execution of the sentence awarded to AAP MP Sanjay Singh in a criminal case till further orders, subject to furnishing a personal bond of Rs. Justice Karunesh Singh Pawar passed the order admitting a criminal revision moved by Sanjay Singh challenging the trial court and the appellate court’s …

8 months, 4 weeks ago

First case under new criminal law Bharatiya Nyaya Sanhita lodged in Delhi against street vendor

Hindustan Times

The first FIR under the new criminal law Bharatiya Nyaya Sanhita 2023 was registered against a street vendor in Kamla Market Police Station in New Delhi on Monday, July 1, news agency ANI reported. The three new criminal laws came into effect across the country on Monday, and this was the first-ever case registered under one of the sections. First …

9 months, 1 week ago

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court

Live Law

Highlighting the duties of a Court while framing a charge against an accused the Jammu and Kashmir and Ladakh High Court has ruled that investigative shortcomings should not prevent the framing of charges based on the evidence presented. Quashing an order passed by the Additional District and Sessions Judge Baramulla, directing framing of charges under Section 304 Part-I IPC a …

9 months, 2 weeks ago

Dr. Subbiah murder case | Madras High Court sets aside death sentence imposed on seven, and life sentence imposed on two others

The Hindu

The Madras High Court on Friday, June 14, 2024, set aside the conviction and death sentence imposed by a trial court on seven individuals as well as the life sentence imposed on two others, in connection with the 2013 sensational murder of neurosurgeon S.D. Ramesh and Sunder Mohan allowed the nine criminal appeals and acquitted the appellants P. Ponnusamy, his …

10 months ago

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence

Live Law

The Calcutta High Court has recently reversed a death sentence awarded to a man who was accused of brutally murdering a home-maker and her 13-year-old daughter with a sharp and heavy weapon.A division bench of Justices Soumen Sen and Partha Sarathi Sen were adjudicating upon a death reference case wherein the trial court had handed a death sentence to Padam …

10 months, 1 week ago

Irked At Perfunctory Probe, Allahabad HC Orders Specialized Training For IO To Enhance Skills In Murder Case Investigations

Live Law

The Allahabad High Court recently censured an Investigating Official for hastily filing a chargesheet under Section 306 IPC after dropping the charge under Section 302 IPC, initially specified in the FIR. A bench of Justice Manju Rani Chauhan further directed the Commissioner of Police, Police Commissionerate, Agra, to send the IO for special training to prepare him for investigating offences, …

10 months, 3 weeks ago

Chain of evidence complete: HC in Bhanu Kiran case

Deccan Chronicle

Hyderabad: A two-judge panel of the Telangana High Court held that while convicting a person “the circumstances should be such that they exclude every possible hypothesis except the one to be proved. It has been held that there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence …

11 months, 3 weeks ago

From controversy to conviction – the downfall of IPS officer, Sanjiv Bhatt

Hindustan Times

Sacked IPS officer Sanjiv Bhatt was handed a 20-year prison sentence last week by a special court in Palanpur, Banaskantha district, for his involvement in fabricating a false case under the Narcotic Drugs and Psychotropic Substances Act against a lawyer. The Palanpur court took into account Bhatt's criminal record, which included a conviction in a 1990 custodial death case in …

1 year ago

[Sunil Babu Gang Rivalry Murder] Kerala High Court Upholds Life Sentence Of Four Accused For Murder, Acquits Other Accused

Live Law

The Kerala High Court upheld rigorous life imprisonment imposed upon four accuseds 1 to 4 for the offence of murder of CITU worker Sunil Babu due to gang rivalry. The Court also set aside the conviction of rigorous life imprisonment imposed upon accuseds 5 to 8 for criminal conspiracy to murder due to lack of evidence. It also set aside …

1 year ago

HC dismisses IPS officer Ashish Kapoor’s plea seeking transfer of case to another judge

Hindustan Times

The Punjab and Haryana high court has dismissed a plea from IPS officer, Ashish Kapoor, who had challenged a Mohali court order granting pardon to an accused cop and making him an approver against him in a ₹1 crore bribery case. Singh was initially booked with Kapoor an assistant inspector general level officer, on October 6, 2023, as an accused …

1 year, 1 month ago

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused

Hindustan Times

The Kerala high court on Monday upheld the conviction of 12 accused, including local Communist Party of India leaders, and set aside the acquittal of two others by a trial court in the case of the murder of TP Chandrasekharan, founder of Revolutionary Marxist Party, by a group of assailants in May 2012. Of the 12 accused convicted by the …

1 year, 1 month ago

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two

Live Law

The Kerala High Court has today confirmed the conviction of the accused in the murder of T P Chandrasekharan under Section 302 and Section 120B. The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath while confirming the conviction held thus: “We sustain the conviction Of Anoop, Manoj Kumar @ Kirmani Manoj, N.K.Sunil Kumar @ Kodi Suni, Rajeesh Thondikkandi …

1 year, 2 months ago

'State Investigating Agency Unable To Reach Culprit': Punjab & Haryana High Court Directs CBI To Probe "Brutal" Murder Of 8 Yr Old Boy

Live Law

Observing that, “it has become necessary to provide credibility and instil confidence in the public mind”, the Punjab & Haryana High Court has directed CBI probe to investigate the “gruesome murder” of 8 years old boy, after Haryana police failed to find the culprits.Justice Deepak Gupta observed that “when even the Special investigation team constituted by the State. Observing that, …

1 year, 2 months ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

1 year, 4 months ago

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case

Live Law

The Gujarat High Court refused to exonerate former IAS officer Pradeep Nirankarnath Sharma in a land allotment case, asserting that a prima facie offence existed against him, the trial was in progress with the presentation of evidence, and therefore, it was not appropriate to intervene in the lower courts' orders. The Revisional Court partially granted his appeal, discharging him from …

1 year, 5 months ago

Court convicts 4 for 2008 murder that rocked Delhi

Hindustan Times

A Delhi court on Wednesday convicted four people for killing journalist Soumya Vishwanathan 15 years ago, bringing the curtain down on a gruesome saga that sent shock waves through the Capital and cemented Delhi’s unsavoury reputation as a city unsafe for women. Additional sessions judge Ravindra Kumar Pandey held four of the five accused — Ravi Kapoor, Amit Shukla, Ajay …

1 year, 6 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

1 year, 7 months ago

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court

Live Law

The Kerala High Court recently emphasised the objective nature of determining the legal distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, unrelated to the offender's intention.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that neglecting the difference between the two can lead to a miscarriage of justice. The …

1 year, 8 months ago

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC

Live Law

The Supreme Court recently converted the conviction of a Delhi Police guard under Section 302 IPC to Section 304A in the case related to the death of a constable due to accidental firing. The court finally held that “the prosecution has failed to prove that the appellant had either any intention of causing the death of the deceased or the …

1 year, 8 months ago

‘Travesty of justice’: Bombay HC frees 30-yr-old Pune man sentenced to 83 years

Hindustan Times

MUMBAI: A 30-year-old Pune resident sentenced to 83 years in jail in 41 theft cases was ordered to be released by the Bombay high court, observing that if the bench did not interfere, it will result in a serious miscarriage of justice. Aslam Salim Shaikh approached the Bombay high court in 2022, complaining that he was illiterate, too poor to …

1 year, 8 months ago

Calcutta HC Suspends Sentence of Woman Convicted for Killing of 6-Yr-Old Step-daughter

News 18

The Calcutta High Court recently suspended the sentence of a woman who was convicted for murdering her six-year-old step-daughter by poisoning. “There is no certainty of the appeal being finally decided at an early date given the large number of cases pending, and also on an overall appreciation and assimilation of the nature and quality of the evidence on record, …

1 year, 9 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

1 year, 9 months ago

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict

Live Law

Nearly 23 years after the case was registered, the Rajasthan High Court recently set aside the conviction under Section 395 of IPC of six accused persons including one deceased person on the ground that the prosecution evidence on record was not sufficient enough to substantiate the charge alleged against the accused persons. The single judge bench of Justice Farjand Ali …

1 year, 11 months ago

Supreme Court Sets Aside Bombay HC Order Acquitting GN Saibaba, Remands Appeals to HC for Consideration by Another Bench

Live Law

The Supreme Court of India on Wednesday set aside an order of the Bombay High Court acquitting former Delhi University professor and activist GN Saibaba as well as others over their alleged Maoist links and remanded the matter back to the high court to be considered afresh by a different bench. The matters are remitted back to the high court …

2 years ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

2 years ago

Allahabad High Court Denies Bail To Former UP MLA Kamlesh Pathak In Gangster Act Case

Live Law

The Allahabad High Court recently denied bail to former Uttar Pradesh Legislative Assembly member Kamlesh Pathak in the Gangster Act Case registered against him. The bench of Justice Krishna Pahal did not find reasonable grounds for believing that Pathak is not guilty of such offence mentioned in the Gang Chart and that he is not likely to commit any offence …

2 years ago

Element Of Love Affair, Virtually Resided As Husband-Wife: Gujarat High Court Suspends Sentence Of POCSO Convict

Live Law

The Gujarat High Court recently granted bail to a convict under POCSO Act on the ground that there was element of love affair and the prosecutorix had virtually resided with the convict as husband and wife, till they were apprehended. The applicant-convict approached the High Court in appeal against the judgment and order dated December 12, 2022 by which he …

2 years, 1 month ago

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court

Live Law

The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively. The Sessions Court in terms of its order dated 09.12.2010, convicted the petitioners herein and sentenced …

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