[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court
1 year, 5 months ago

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court

Live Law  

The Patna High Court while overturning the convictions of eight individuals in a murder case, has opined that the mere discovery of weapons, specifically pistols and cartridges, based on the confessions of the accused, without the input of a ballistic expert, was insufficient to establish the charge under Section 27 of the Arms Act. Moreover, there was no attempt made by the prosecution to obtain the opinion of a ballistic expert to ascertain whether the bullet could have been fired from the recovered weapon.” “Thus, in light of the above discussions and in view of the serious doubt with regard to the identification of the appellants upon thorough application of the above-settled law on the facts of the present case, we hold that it is difficult for the court to ascertain whether the recovered weapon has been used by the appellant in the commission of the present offence and thereby, failure to examine the recovered weapon has caused serious infirmity to the prosecution case. The central question before the court revolved around whether the mere discovery of weapons, specifically pistols and cartridges, based on the confessions of the accused appellants, without the input of a ballistic expert, was enough to establish the charge under Section 27 of the Arms Act. Upon examining the testimonies of two prosecution witnesses, Rajiv Choudhary and Raj Bansh Singh, the court noted that two locally made pistols and two live 315 bore cartridges were discovered based on the confessions of the appellants Jeetu Singh and Ranjay Singh.

Court Prosecution Case Appellants Weapon Pat  high  expert  sessions  recovery  opinion  recovered  judgment  vital  case  insufficient  s27  prosecution  pistols  cartridges  weapon  patna  appellants  singh  mere  court

History of this topic

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 1 week ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court
Trending News
2 months, 1 week ago

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court

Live Law  

The Supreme Court, in its judgment dated January 10, reiterated that the non-recovery of the weapon of crime is not fatal to the prosecution case, if there are direct reliable witnesses. They also stated that the seizure was not preceded by any enquiry by the police “What is important to note is that these two witnesses, however, did admit putting …

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court
Trending News
2 months, 1 week ago

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court

Live Law  

The Supreme Court, in its judgment dated January 10, reiterated that the non-recovery of the weapon of crime is not fatal to the prosecution case, if there are direct reliable witnesses. They also stated that the seizure was not preceded by any enquiry by the police “What is important to note is that these two witnesses, however, did admit putting …

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

'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide
3 months, 1 week 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 …

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
4 months, 3 weeks ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

'Disproportionate & Unwarranted': Orissa High Court Commutes Death Penalty Of Man Convicted For Triple Murder
6 months, 2 weeks ago

'Disproportionate & Unwarranted': Orissa High Court Commutes Death Penalty Of Man Convicted For Triple Murder

Live Law  

The Orissa High Court on Wednesday commuted the death penalty imposed upon a man convicted by the trial Court for commission of murder of three members of a family, including two women, in order to wreak vengeance relating to a landed property dispute. While handing down life imprisonment to the condemned prisoner so also to the co-accused, the Division Bench …

Patna High Court Acquits Ex-RJD MLA Anant Kumar Singh Booked In Arms Act Case For Alleged Possession Of Rifles, Magazines
7 months ago

Patna High Court Acquits Ex-RJD MLA Anant Kumar Singh Booked In Arms Act Case For Alleged Possession Of Rifles, Magazines

Live Law  

The Patna High Court on Wednesday acquitted the former RJD MLA Anant Kumar Singh in a high-profile Arms Act case after finding that the prosecution was not able to establish the guilt of Singh beyond reasonable doubt. Initially, Singh was booked for the offences under the Arms Act, 1959 after the Patna Police recovered an AK-47 assault rifle, and other …

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother
7 months, 3 weeks ago

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother

Live Law  

The Orissa High Court has upheld the conviction and life imprisonment of man who was found guilty for commission of murder of his mother and 18-days-old infant brother. Rejecting the plea of insanity advanced by the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed – “Key pieces of evidence, including the consistent testimonies of …

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case
9 months ago

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case

Live Law  

Setting aside a conviction in a 25-year-old murder case, the Allahabad High Court has observed that only on the basis of the absconding of the accused, he cannot be held to be guilty. The trial court relied upon the recovery of the crime weapon axe, under section 27 of the Evidence Act, coupled with the conduct of the accused in …

Narendra Dabholkar murder case: Pune court acquits 3 accused, 2 others sent to life imprisonment
10 months, 1 week ago

Narendra Dabholkar murder case: Pune court acquits 3 accused, 2 others sent to life imprisonment

Live Mint  

A Special Court in Pune on Friday acquitted three accused including Virendrasinh Tawde, Sanjeev Punalekar and Vikram Bhave in the activist Narendra Dabholkar murder case, ANI reported. Besides this, the court also sent the other two accused — Sachin Andure and Sharad Kalaskar sent to life imprisonment for allegedly killing Narendra Dabholkar in Pune on August 20, 2013. Narendra Dabholkar, …

Fake Encounter Case | Supreme Court Exempts Ex-Mumbai Cop Pradeep Sharma From Surrender Till Next Hearing Date, Admits Appeal Against Conviction
11 months, 1 week ago

Fake Encounter Case | Supreme Court Exempts Ex-Mumbai Cop Pradeep Sharma From Surrender Till Next Hearing Date, Admits Appeal Against Conviction

Live Law  

The Supreme Court on Monday admitted the appeal filed by former Mumbai Police encounter specialist Pradeep Sharma challenging the recent Bombay High Court's order sentencing him to life imprisonment in a fake encounter killing case. While reversing the Trial Court's judgment of acquittal, the High Court Bench of Justices Revati Mohite Dere and Gauri Godse said all circumstances were “overlooked” …

Dabholkar case: Defence lawyer claims procedure not followed to give sanction under UAPA
1 year ago

Dabholkar case: Defence lawyer claims procedure not followed to give sanction under UAPA

Hindustan Times  

Defence lawyer Virendra Ichalkaranjikar while submitting the final arguments before the court on Saturday stated that the right procedure was not followed while according sanction to prosecute the accused persons under the Unlawful Activities Prevention Act in connection with Dr Narendra Dabholkar murder case. Advocate Ichalkaranjikar said, “The sanction of prosecution under UAPA to Central Bureau of Investigation was given …

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

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

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains
1 year, 2 months ago

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains

Live Law  

The Supreme Court, in a crucial judgment with respect to section 27 of the Evidence Act, reiterated the three conditions to invoke this provision. Additionally, it must be noted that, in the present case, the Court clarified that discovery of fact also includes knowledge of the accused person. “However, we must clarify that Section 27 of the Evidence Act, as …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year, 3 months ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC
1 year, 5 months ago

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Live Law  

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.” “the non-examination of the Investigating …

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

Murder Trial- Prosecution's Omission to Explain Injuries On Accused Assumes Importance When Evidence Consists Of Interested Witnesses : Supreme Court
2 years ago

Murder Trial- Prosecution's Omission to Explain Injuries On Accused Assumes Importance When Evidence Consists Of Interested Witnesses : Supreme Court

Live Law  

The Supreme Court, on Tuesday, reiterated that omission on the part of the prosecution to explain injuries on the person of the accused assumes greater importance where the evidence consists of interested witnesses or where the defence gives a version which competes in probability with that of the prosecution. A Bench comprising Justice BR Gavai, Justice Vikram Nath and Justice …

Chandigarh: Procedural lapses led to acquittal in Sector 15 double murder
2 years, 1 month ago

Chandigarh: Procedural lapses led to acquittal in Sector 15 double murder

Hindustan Times  

Procedural lapses by police during probe and the star witness’s inability to support the prosecution’s case led to the acquittal of the four accused in the 2019 double murder where two college students were shot dead in Sector 15. The court of additional sessions judge Jaibir Singh observed that despite examining 22 witnesses, the prosecution was unable to establish the …

Orissa High Court Upholds Conviction Of Dara Singh & Other Accused In 1999 Father Arul Doss Murder Case
2 years, 6 months ago

Orissa High Court Upholds Conviction Of Dara Singh & Other Accused In 1999 Father Arul Doss Murder Case

Live Law  

The Orissa High Court has upheld the conviction of Dara Singh alias Rabindra Kumar Pal and his co-accused for the murder of Father Arul Doss in Mayurbhanj district of Odisha in the year 1999. Accordingly, the Court held that it is not possible in the present case to sustain the conviction against the four Appellants for the offence punishable under …

[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 …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 9 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation
2 years, 10 months ago

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation

Live Law  

The High Court of Madhya Pradesh recently set aside the conviction of a man for murder and further directed the State to pay him compensation worth Rs. Considering the facts of the case, the Court held that the police was outrightly partisan in its investigation and that it did not investigate the offence from the standpoint of the Appellant at …

Hearsay Statements Made Contemporaneously With Act Or Immediately Thereafter Admissible U/S 6 Evidence Act: MP High Court
2 years, 10 months ago

Hearsay Statements Made Contemporaneously With Act Or Immediately Thereafter Admissible U/S 6 Evidence Act: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that a statement made by the deceased contemporaneously with the act or immediately thereafter would be admissible as dying declaration under Section 32 of the Indian Evidence Act. Therefore, the Court held, their statements would be admissible pursuant to Section 6 of the Evidence Act- Aforesaid statements of Ravi as well …

Lakhimpur Kheri Case: UP counsel tells SC 'grave' offence, but Ashish Mishra 'no flight risk'; court reserves orders challenging bail
2 years, 11 months ago

Lakhimpur Kheri Case: UP counsel tells SC 'grave' offence, but Ashish Mishra 'no flight risk'; court reserves orders challenging bail

Firstpost  

During the hearing, CJI Ramana asked Jethmalani to make the stand of the Uttar Pradesh government clear on whether it was supporting or opposing the bail plea New Delhi: The Supreme Court Monday reserved orders in a petition seeking cancellation of bail to Ashish Mishra, son on Union Minister Ajay Mishra Teni, accused of running over farmers in Lakhimpur Kheri …

Pappu Tiwary & Law Tiwary v.State of Jharkhand - 2022 LiveLaw(SC) 107 - Evidence Act- Plea Of Alibi
3 years, 1 month ago

Pappu Tiwary & Law Tiwary v.State of Jharkhand - 2022 LiveLaw(SC) 107 - Evidence Act- Plea Of Alibi

Live Law  

2022 LiveLaw SC 107 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Sanjay Kishan Kaul; M.M. January 31, 2022 CRIMINAL APPEAL NO.1492 OF 2021 PAPPU TIWARY v. STATE OF JHARKHAND CRIMINAL APPEAL NO.1202-1203 OF 2014 LAW TIWARI @ UPENDRA KUMAR TIWARI v. THE STATE OF JHARKHAND Evidence Law - Plea of Alibi - The burden on the accused is …

'Not a simple case': Bombay HC orders fast trial, denies bail to man accused of sexually assaulting minor
3 years, 7 months ago

'Not a simple case': Bombay HC orders fast trial, denies bail to man accused of sexually assaulting minor

India Today  

The Bombay High Court rejected the bail plea of a man accused of sexually assaulting a minor Dalit girl in a moving auto-rickshaw in Pune last year. The high court ordered a Pune court, where this matter was being heard, to expedite the trial against the main accused and his accomplice. While rejecting his bail plea, the division bench of …

Patna High Court Acquits Man On Death Row For Failure Of Police To Inspect Scene Of Crime
3 years, 7 months ago

Patna High Court Acquits Man On Death Row For Failure Of Police To Inspect Scene Of Crime

Live Law  

The Patna High Court on Friday acquitted a person who was sentenced to death for allegedly raping and killing a 16 year old girl in Bhojpur district, Bihar. "In view of the inordinate and unexplained delay in lodging the FIR, the casual manner in which the investigation was carried out, the investigating officer did not inspect the place of occurrence …

Patna High Court Acquits All 13 Accused in 1999 Senari Massacre
3 years, 9 months ago

Patna High Court Acquits All 13 Accused in 1999 Senari Massacre

News 18  

The Patna High Court on Friday acquitted all 13 people convicted in a two decades old case of massacre, one of the bloodiest that took place when many districts of Bihar were in the throes of violence unleashed by Maoist groups and private militia of landlords. The order was passed by a division bench headed by Justice Anjani Kumar Singh, …

Delhi High Court Stays AAP MLA Somnath Bharti's Conviction In AIIMS Assault Case
3 years, 11 months ago

Delhi High Court Stays AAP MLA Somnath Bharti's Conviction In AIIMS Assault Case

Live Law  

Hearing AAP MLA Somnath Bharti's challenge to his conviction and sentence of a 2-year jail term in the All India Institute of Medical Sciences security-staff assault case, a single judge bench of Justice Suresh Kait has suspended the jail term, stayed the conviction, and issued notice to the Delhi government on the plea.The High Court has listed the matter for …

Patna HC Acquits Rape & Murder Accused Who Was Sentenced To Death By Trial Court [Read Judgment]
4 years, 5 months ago

Patna HC Acquits Rape & Murder Accused Who Was Sentenced To Death By Trial Court [Read Judgment]

Live Law  

The Patna High Court acquitted a rape and murder accused setting aside the death sentence awarded by the Trial Court.Ajit Kumar was convicted by the Trial Court under Sections 363, 366A, 120B, 302, 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 finding him guilty of kidnapping and raping a …

'Do Voluntary Service For Covid-19 Control': Bail Condition Imposed By Patna HC[Read Order]
4 years, 11 months ago

'Do Voluntary Service For Covid-19 Control': Bail Condition Imposed By Patna HC[Read Order]

Live Law  

The Patna High Court on Wednesday while granting bail to a man accused in a murder case, directed him to render service as a volunteer for a period of three months from the date of his release in the process of combating the pandemic of Covid-19 of Corona Virus. Justice Anil Kumar Upadhyay was hearing a criminal application filed by …

Narendra Dabholkar murder case: CBI files supplementary chargesheet against accused Sanjeev Punalekar and Vikram Bhave
5 years, 3 months ago

Narendra Dabholkar murder case: CBI files supplementary chargesheet against accused Sanjeev Punalekar and Vikram Bhave

Firstpost  

The CBI filed the supplementary chargesheet in the court presiding over a special court set up under the UAPA Pune: The CBI on Wednesday filed a supplementary chargesheet against accused Sanjeev Punalekar and Vikram Bhave in the 2013 murder case of rationalist Narendra Dabholkar. The CBI, through its special public prosecutor Prakash Suryawanshi, filed the supplementary chargesheet in the court …

Charges Against Sengar for Murder of Unnao Rape Survivor’s Father
5 years, 7 months ago

Charges Against Sengar for Murder of Unnao Rape Survivor’s Father

The Quint  

Expelled BJP MLA Kuldeep Sengar along with his aides entered into a "criminal conspiracy" to deter and silence the Unnao rape survivor's father so that he cannot pursue with his complaint, a Delhi court on Tuesday, 13 August, said while framing murder and other charges against them. District Judge Dharmesh Sharma clubbed two cases related to the alleged murder of …

Accused Who Can’t Afford Lawyer Must Be Provided One At The Cost Of The State: Patna HC [Read Judgment]
6 years, 4 months ago

Accused Who Can’t Afford Lawyer Must Be Provided One At The Cost Of The State: Patna HC [Read Judgment]

Live Law  

‘Unless there happens to be refusal at the end of the accused, the accused must be provided legal representative at the cost of the State.’Ordering de novo trial in a murder case, the Patna High Court has set aside conviction of an accused who was not represented by a lawyer during the trial.The bench of Justice Aditya Kumar Trivedi and …

Accused Who Can’t Afford Lawyer Must Be Provided One At The Cost Of The State: Patna HC [Read Judgment]
6 years, 4 months ago

Accused Who Can’t Afford Lawyer Must Be Provided One At The Cost Of The State: Patna HC [Read Judgment]

Live Law  

‘Unless there happens to be refusal at the end of the accused, the accused must be provided legal representative at the cost of the State.’Ordering de novo trial in a murder case, the Patna High Court has set aside conviction of an accused who was not represented by a lawyer during the trial.The bench of Justice Aditya Kumar Trivedi and …

Allahabad HC Upholds Death Sentence To Man Accused Of Double Murder Of His Wife And Minor Daughter [Read Order]
6 years, 5 months ago

Allahabad HC Upholds Death Sentence To Man Accused Of Double Murder Of His Wife And Minor Daughter [Read Order]

Live Law  

‘Two family members were murdered by accused-appellant in most brutal, grotesque, diabolical and dastardly manner arousing indignation and abhorrence of society which calls for an exemplary punishment.’The Allahabad High Court has upheld death penalty for a man accused of murdering his wife and a daughter.Sovaran Singh was convicted by the trial court finding him guilty of the double. ‘Two family …

When Protector Becomes Perpetrator, Victim Has No Option, But To Surrender: Bombay HC Rejects Convicted Step-Father’s Appeal [Read Judgment]
7 years, 4 months ago

When Protector Becomes Perpetrator, Victim Has No Option, But To Surrender: Bombay HC Rejects Convicted Step-Father’s Appeal [Read Judgment]

Live Law  

The Nagpur bench of the Bombay High Court rejected an appeal filed by a 55-year-old man from Wardha who was convicted of raping his minor step-daughter and was sentenced to life by the trial court.The bench of Justice RK Deshpande and Justice MG Giratkar accepted the findings of the trial court and the appellant’s conviction under Section 5 punishable under …

When Protector Becomes Perpetrator, Victim Has No Option, But To Surrender: Bombay HC Rejects Convicted Step-Father’s Appeal [Read Judgment]
7 years, 4 months ago

When Protector Becomes Perpetrator, Victim Has No Option, But To Surrender: Bombay HC Rejects Convicted Step-Father’s Appeal [Read Judgment]

Live Law  

The Nagpur bench of the Bombay High Court rejected an appeal filed by a 55-year-old man from Wardha who was convicted of raping his minor step-daughter and was sentenced to life by the trial court.The bench of Justice RK Deshpande and Justice MG Giratkar accepted the findings of the trial court and the appellant’s conviction under Section 5 punishable under …

Aarushi Talwar murder case: Verdict an eye-opener why India's criminal justice system needs an urgent overhaul
7 years, 5 months ago

Aarushi Talwar murder case: Verdict an eye-opener why India's criminal justice system needs an urgent overhaul

Firstpost  

A bench of justices BK Narayana and AK Mishra acquitted Rajesh and Nupur Talwar in Aarushi-Hemraj double murder case. It was indeed strange that the third investigation, which was the second one by CBI had charged the Talwar duo for the double murder when it was only them who had opposed the filing of the closure report by the same …

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]
7 years, 5 months ago

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]

Live Law  

A three-Judge Bench of the Supreme Court has summarized the principles that need to be kept in mind by the High Courts while considering a plea for quashing an FIR/ Criminal Proceedings under Section 482 of the Code of Criminal Procedure on the ground of settlement between parties.The Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and …

Prosecution For ‘Amorphous And Transitory’ Charge With ‘Conjectural Or Hypothetical’ Evidence Not Possible: SC [Read Judgment]
7 years, 7 months ago

Prosecution For ‘Amorphous And Transitory’ Charge With ‘Conjectural Or Hypothetical’ Evidence Not Possible: SC [Read Judgment]

Live Law  

The charge for which the appellant finally has been convicted wears a new complexion different from the one with which he had been arraigned at the initiation of the trial, the bench observed in the case.A person cannot be subjected to a criminal prosecution either for a charge which is amorphous and transitory and further on evidence that is conjectural …

22 Years Later, Bombay HC Sets Aside Acquittal of Man in Wife’s Murder [Read Judgment]
8 years ago

22 Years Later, Bombay HC Sets Aside Acquittal of Man in Wife’s Murder [Read Judgment]

Live Law  

The Bombay High Court has set aside a 22-year-old judgement of the Additional Sessions Judge, Satara acquitting one Ramchandra Lokhande who was accused under Sections 302 and 201 of the Indian Penal Code.The division bench of Justices VK Tahilramani and Revati Mohite Dere have convicted Lokhande under charges of murder and causing disappearance of evidence and sentenced him to suffer. …

22 Years Later, Bombay HC Sets Aside Acquittal of Man in Wife’s Murder [Read Judgment]
8 years ago

22 Years Later, Bombay HC Sets Aside Acquittal of Man in Wife’s Murder [Read Judgment]

Live Law  

The Bombay High Court has set aside a 22-year-old judgement of the Additional Sessions Judge, Satara acquitting one Ramchandra Lokhande who was accused under Sections 302 and 201 of the Indian Penal Code.The division bench of Justices VK Tahilramani and Revati Mohite Dere have convicted Lokhande under charges of murder and causing disappearance of evidence and sentenced him to suffer. …

Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]
9 years, 5 months ago

Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]

Live Law  

The Patna High Court Single Bench, Justice Ashwani Kumar Singh, dismissed an Interlocutory Application for stay on conviction, in a Criminal Appeal preferred by Ram Naresh Rai who had incurred disqualification for being chosen as a Member of the Bihar Legislative Assembly. A common judgment and order of conviction and sentence was passed on 02.06.2015 and 04.06.2015 respectively by the …

Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]
9 years, 5 months ago

Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]

Live Law  

The Patna High Court Single Bench, Justice Ashwani Kumar Singh, dismissed an Interlocutory Application for stay on conviction, in a Criminal Appeal preferred by Ram Naresh Rai who had incurred disqualification for being chosen as a Member of the Bihar Legislative Assembly. A common judgment and order of conviction and sentence was passed on 02.06.2015 and 04.06.2015 respectively by the …

Co-accused acquittal is not a ground to acquit the principal accused; SC [Read the Judgment]
9 years, 8 months ago

Co-accused acquittal is not a ground to acquit the principal accused; SC [Read the Judgment]

Live Law  

While dismissing the appeal, the honourable Supreme Court held in a ruling that, “Just because the co-accused was acquitted of the charges, the benefit of the same cannot be also extended to the appellant.” The matter was presided over by division bench of Justice Abhay Manohar Sapre and Justice R K Agrawal. In the instant decision of Jagtar Singh v …

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