Impact Of Reduction Of Number Of Convicts Below 5 Pending An Appeal Against Conviction U/Sec 149 IPC Owing To Death Of Co-Convicts : Supreme Court Explains
2 years, 5 months ago

Impact Of Reduction Of Number Of Convicts Below 5 Pending An Appeal Against Conviction U/Sec 149 IPC Owing To Death Of Co-Convicts : Supreme Court Explains

Live Law  

In a judgment delivered on Monday, the Supreme Court explained the impact of reduction of the number of convicts below five pending an appeal against conviction under Section 149 IPC owing to the death of co-convicts.The bench of Justices CT Ravikumar and Sudhanshu Dhulia observed that 'abatement' is certainly different from 'acquittal' and therefore "the effect and impact of reduction of. In a judgment delivered on Monday, the Supreme Court explained the impact of reduction of the number of convicts below five pending an appeal against conviction under Section 149 IPC owing to the death of co-convicts. The bench of Justices CT Ravikumar and Sudhanshu Dhulia observed that 'abatement' is certainly different from 'acquittal' and therefore "the effect and impact of reduction of the number of convicts pending an appeal owing to the death of co-convicts is bound to be different from the effect and impact of reduction of the number of accused/convicts on account of acquittal". Case details Gurmail Singh vs State of Uttar Pradesh | 2022 LiveLaw 854 | CrA 965 OF 2018 | 17 October 2022 | Justices CT Ravikumar and Sudhanshu Dhulia Headnotes Indian Penal Code, 1860 ; Section 302,149 - Conviction of one surviving accused under Section 302/149 upheld - The effect and impact of reduction of the number of convicts pending an appeal owing to the death of co-convicts is bound to be different from the effect and impact of reduction of the number of accused/convicts on account of acquittal - The meaning of abatement can only be taken in criminal proceedings as `discontinuation of such proceedings owing to the death of the accused/convict pending such proceedings' - The abatement is certainly different from acquittal.

Death Supreme Court Appeal Court Impact Criminal Proceedings Indian Penal Code Ipc Proceedings Singh Number Pending Convicts Reduction Section 300 Owing Sudhanshu Dhulia Section 149 Ipc 149 Ipc Such Proceedings Gurmail Singh Conviction U Abatement Justices Ct Ravikumar  owing  proceedings  pending  explains  ipc  convicts  reduction  court  abatement  impact  death  appeal  supreme  usec  number  singh

History of this topic

[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 …

Gujarat govt moves SC seeking review of verdict in Bilkis Bano case, says extreme observation unwarranted
1 year, 1 month ago

Gujarat govt moves SC seeking review of verdict in Bilkis Bano case, says extreme observation unwarranted

India TV News  

The Gujarat government has filed a petition in the Supreme Court seeking a review of the court's verdict that quashed the remission granted to 11 men convicted of raping Bilkis Bano and murdering seven of her family members during the 2002 riots, saying certain observations made against the state were unwarranted. The Gujarat government has said the apex court's observation …

Release all life convicts after 10 years in jail unless …: Supreme Court
2 years, 6 months ago

Release all life convicts after 10 years in jail unless …: Supreme Court

India Today  

All convicts who have served 10 years of their life sentence and have appeals pending before courts must be granted bail unless there are reasons to deny it, the Supreme Court said as it looks to decongest the overcrowding in jails. A division bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka was hearing a batch of petitions of …

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal
3 years ago

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal

Live Law  

Upholding the life imprisonment sentence of 5 convicts in connection with a 2003 murder case, the Allahabad High Court recently observed that the benefit provided under section 57 IPC cannot be extended to the appellants merely on the ground that they are languishing in jail for about 18 years.Having analyzed the facts and circumstances of the Case, the Bench of …

Conviction With Aid Of Section 149 IPC Unsustainable When Co-Accused Are Acquitted Making Membership Of 'Unlawful Assembly' Less Than 5 And There Are No Unidentified Accused : Supreme Court
3 years, 2 months ago

Conviction With Aid Of Section 149 IPC Unsustainable When Co-Accused Are Acquitted Making Membership Of 'Unlawful Assembly' Less Than 5 And There Are No Unidentified Accused : Supreme Court

Live Law  

The Supreme Court has observed that conviction with the aid of Section 149 of the Indian Penal Code is not sustainable when the co-accused have been acquitted, making the membership of the alleged unlawful assembly less than 5 and there are no unidentified accused in the case. To contend that the conviction was unsustainable in law, the counsel while referring …

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]
4 years, 6 months ago

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has held no appeal can be maintained by victim under Section 372 of the Code of Criminal Procedure on the ground of inadequate sentence.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed thus while upholding the Delhi High Court judgment which dismissed the appeal filed by a victim under Section 372 CrPC seeking enhancement of …

Prosecution For Offence Of "Waging War Against India" Will Not Stand Without Sanction U/S 196 CRPC: Allahabad Quashes Life Term Of Pak Citizen
5 years, 7 months ago

Prosecution For Offence Of "Waging War Against India" Will Not Stand Without Sanction U/S 196 CRPC: Allahabad Quashes Life Term Of Pak Citizen

Live Law  

The Allahabad High Court has held that prior government sanction under Section 196 of CrPC is mandatory to take cognizance of offences like Section 121-123 IPC and it thereby set aside the order of conviction and sentence of life imprisonment imposed on a Pakistani Jais-E-Mohommad Terrorist group member and another Indian citizen, for want of such sanction. Appellant's Contentions The …

SC Acquits Six Men to Whom It Had Given Death Sentence in 2009
6 years ago

SC Acquits Six Men to Whom It Had Given Death Sentence in 2009

The Quint  

The judgment of the court could have far-reaching consequences because it was a complete U-turn on the decision originally taken by the Supreme Court itself 10 years ago. The legal error made by Justice Pasayat in the 2009 decision had been made in six other cases, and there was a significant issue with contrasting death penalty decisions during his tenure …

Proof Of 'Common Intention' Necessary To Alter Conviction From Section 149 IPC To Section 34 IPC: SC [Read Judgment]
6 years, 1 month ago

Proof Of 'Common Intention' Necessary To Alter Conviction From Section 149 IPC To Section 34 IPC: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, while convicting accused by altering charge from Section 149 IPC to Section 34 IPC, their 'common intention' should be proved. Whether the High Court was justified in convicting the appellants under Section 302 read with Section 34 IPC when, in fact, the initial trial was on the basis of a charge under Section 302 …

Delhi High Court dismisses appeal of 15 convicted of killing Dalits in Haryana's Mirchpur village
6 years, 6 months ago

Delhi High Court dismisses appeal of 15 convicted of killing Dalits in Haryana's Mirchpur village

Firstpost  

The Delhi High Court on Friday dismissed the appeal of 15 persons belonging to the dominant Jat community against their conviction and sentencing in a case of burning alive a 70-year-old Dalit man and his physically-challenged daughter at Mirchpur village in Haryana’s Hisar district in 2010. New Delhi: The Delhi High Court on Friday dismissed the appeal of 15 persons …

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

MP HC Acquits Man 10 Years After His Death [Read Order]
7 years, 9 months ago

MP HC Acquits Man 10 Years After His Death [Read Order]

Live Law  

In an important order, a single bench of Madhya Pradesh High Court has acquitted a deceased person from charges under sections 294 and 506 II of IPC due to lack of evidence.Imart Singh had filed a criminal revision in the high court challenging his conviction under these sections of IPC.He died on 25.6.2006, while his criminal revision was pending in …

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 …

SC Acquits Five Accused In 27-Yr-Old Murder Case [Read Judgment]
7 years, 11 months ago

SC Acquits Five Accused In 27-Yr-Old Murder Case [Read Judgment]

Live Law  

The Supreme Court has acquitted five accused in a 27-year-old murder case on the basis of serious discrepancies that arose in the evidence produced by the prosecution.It was alleged that a land dispute, which had erupted in February 1991, had become the cause of enmity between the victims and the accused.A quarrel had broken out. The Supreme Court has acquitted …

SC Acquits Five Accused In 27-Yr-Old Murder Case [Read Judgment]
7 years, 11 months ago

SC Acquits Five Accused In 27-Yr-Old Murder Case [Read Judgment]

Live Law  

The Supreme Court has acquitted five accused in a 27-year-old murder case on the basis of serious discrepancies that arose in the evidence produced by the prosecution.It was alleged that a land dispute, which had erupted in February 1991, had become the cause of enmity between the victims and the accused.A quarrel had broken out. The Supreme Court has acquitted …

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 …

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

SC Stays Ajmal Kasab's Death Sentence
13 years, 5 months ago

SC Stays Ajmal Kasab's Death Sentence

India TV News  

SC Stays Ajmal Kasab's Death Sentence New Delhi, Oct 10: In a much awaited verdict, the Supreme Court on Monday stayed the death sentence of Pakistani terrorist Ajmal Kasab in the 26/11 Mumbai attacks case. Kasab, the sole convict in the New Delhi, Oct 10: In a much awaited verdict, the Supreme Court on Monday stayed the death sentence of …

Supreme Court To Hear Kasab's Plea On Monday
13 years, 5 months ago

Supreme Court To Hear Kasab's Plea On Monday

India TV News  

New Delhi, Oct 9: The Supreme Court will hear tomorrow the plea of Pakistani terrorist Ajmal Kasab challenging his conviction and death sentence in the 26/11 Mumbai attacks case. Kasab, the sole convict in the case, has filed the petition through jail authorities in the apex court which has appointed senior advocate Raju Ramachandaran as amicus curie to assist it …

Kasab moves Supreme Court, challenging death penalty
13 years, 7 months ago

Kasab moves Supreme Court, challenging death penalty

The Hindu  

Gunman Ajmal Kasab has moved the Supreme Court challenging the Bombay High Court judgment confirming the death sentence slapped on him by a trial court for his role in the 26/11 Mumbai attacks. The High Court said, “The prosecution has not been able to establish beyond reasonable doubt evidence of the two being part of the conspiracy.” ‘Threat to society' …

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