Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains
3 years, 1 month ago

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains

Live Law  

In a recent judgment, the Supreme Court discussed the circumstances which can be used to infer if there was an intention to cause death in a murder case under Section 302 of the Indian Penal Code.A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction of the accused for the offence. A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction of the accused for the offence under Section 302 IPC and seeking restoration of the order passed by the trial Court convicting the accused for the offence under Section 302 IPC and sentencing him to life imprisonment. In this case, the Bench noted that in Pulicherla Nagaraju vs. State of A.P., 11 SCC 444, it was observed and held by the Court that the intention to cause death can be gathered generally from a combination of a few or several of the following, among other, circumstances: nature of the weapon used; whether the weapon was carried by the accused or was picked up from the spot; whether the blow is aimed at a vital part of the body; the amount of force employed in causing injury; whether the act was in the course of sudden quarrel or sudden fight or free for all fight; whether the incident occurs by chance or whether there was any premeditation; whether there was any prior enmity or whether the deceased was a stranger; whether there was any grave and sudden provocation and if so, the cause for such provocation; whether it was in the heat of passion; whether the person inflicting the injury has taken undue advantage or has acted in a cruel and unusual manner; whether the accused dealt a single blow or several blows. The High Court had also observed that the weapon used was a rough piece of wood and therefore it cannot be said that there was any intention on the part of the accused to kill and/or commit the murder of the deceased and therefore the case would fall under the Fourth exception to Section 300 IPC.

Death Supreme Court High Court Murder Culpable Homicide Incident Accused Ipc Cause Bench Deceased Intention Life Imprisonment Sudden Mehendi Ceremony 302 Section 302 Ipc Section 302 Section 300 Ipc Several Blows Sudden Fight  sudden  gathered  302  explains  ipc  intention  bench  death  cause  murder  incident  accused  circumstances  supreme  deceased  high  court

History of this topic

Thane court sentences man to life imprisonment in 2016 murder case
1 week, 3 days ago

Thane court sentences man to life imprisonment in 2016 murder case

Hindustan Times  

Thane, A court in Maharashtra's Thane district has sentenced a 30-year-old man to life imprisonment for the murder of a man in 2016. Thane court sentences man to life imprisonment in 2016 murder case Additional sessions judge A N Sirsikar convicted the accused, Ajay Lalbahaddur Vishwakarma, of the charges under section 302 and other relevant provisions of the Indian Penal …

Men gets lifer for sodomising, killing boy in 2018
2 weeks, 6 days ago

Men gets lifer for sodomising, killing boy in 2018

Hindustan Times  

New Delhi, A Delhi court has convicted a man in a case of sodomy and murder of a 10-year-old boy in 2018 and sentenced him to life imprisonment. Men gets lifer for sodomising, killing boy in 2018 Additional sessions judge Susheel Bala Dagar said death penalty wasn't warranted owing to the possibility of the convict's reformation and the case didn't …

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration
3 weeks, 1 day 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 …

Life sentence for Dhakoli man who axed wife to death
1 month ago

Life sentence for Dhakoli man who axed wife to death

Hindustan Times  

An interior decorator who axed his wife to death at their house in Dhakoli in October 2020 will spend the rest of his life in jail, a Mohali court has ruled. Sentencing Ashok Kumar, a resident of Basant Vihar, Phase 2, Dhakoli, to life imprisonment, the Mohali court of additional sessions judge Baljinder Singh Sra also slapped a fine of …

Person with severe stress who is accused of attempting suicide cannot be tried, says HC
1 month, 1 week ago

Person with severe stress who is accused of attempting suicide cannot be tried, says HC

The Hindu  

A Division Bench of the Kerala High Court has held that an accused who attempts suicide after committing a crime cannot be tried or punished not only for the offence of attempting suicide but also for any other offences committed unless it is proved that the accused is not having severe stress. The court observed that “Section 115 of the …

Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient's Death After Nurse's Injection Over Phone Instruction, Directs Trial For Negligence
1 month, 1 week ago

Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient's Death After Nurse's Injection Over Phone Instruction, Directs Trial For Negligence

Live Law  

The Supreme Court recently quashed the charge of culpable homicide against a doctor who gave telephonic instruction to a nurse to administer an injection, which led to a patient's death due to an adverse reaction. The maximum punishment prescribed for the culpable homicide not amounting to murder under Section 304 Part I IPC is up to ten years imprisonment, a …

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC
1 month, 1 week ago

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC

Live Law  

The Calcutta High Court has held that a mere threat of implicating someone in a false criminal case, without any positive act that pushes the victim over the edge, would not be sufficient to attract the offence of abetment to suicide under Section 306 of the IPC.Justice Ajoy Kumar Mukherjee held: "There is no material against the petitioners of such …

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

Death penalty an exception, not the rule: SC
2 months ago

Death penalty an exception, not the rule: SC

Hindustan Times  

The Supreme Court has reaffirmed that not every case of multiple murders qualifies as a “rarest of rare” instance warranting the death penalty, particularly when there is potential for reform. The court underscored that while the crime was brutal and deeply disturbing, the absence of criminal antecedents, favourable prison reports indicating a scope for rehabilitation and legal precedents weighed against …

Allowing Compromise In Abetment To Suicide Case Is Against Rule Of Law As Victim Is Deceased And Cannot Give Consent: Punjab & Haryana HC
2 months ago

Allowing Compromise In Abetment To Suicide Case Is Against Rule Of Law As Victim Is Deceased And Cannot Give Consent: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that allowing quashing of FIR for offence of abetting suicide on the basis of compromise is against rule of law, observing that the victim being deceased couldn't give consent and the crime has large implication on society.Justice Sumeet Goel said, "A settlement between the accused and the complainant, who merely initiated the …

Disapproving marriage does not amount to abetment of suicide: Supreme Court
2 months ago

Disapproving marriage does not amount to abetment of suicide: Supreme Court

The Hindu  

The Supreme Court has said expressing disapproval for marriage does not amount to abetment of suicide under Section 306 of the Indian Penal Code. The court said even if all evidence on record, including the charge sheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant. Even if the appellant expressed …

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court
2 months, 2 weeks ago

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court

Live Law  

The Supreme Court on Friday reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. "Section 306 IPC appears to be casually and too readily resorted to by the police," the Court said.The Court stated that the provision reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. …

Man given death penalty for killing disabled younger brother
2 months, 2 weeks ago

Man given death penalty for killing disabled younger brother

Hindustan Times  

A local court in Haryana’s Fatehabad on Thursday sentenced a man to death for brutally killing his brother with disability over property dispute in 2020. District and sessions judge Deepak Aggarwal convicted Ashok Kumar under sections 302, 457, 506 and 201 of the Indian penal code. According to police, the case dates back to June 18, 2020 when the victim’s …

2 persons get rigorous life imprisonment in murder case in Chevella
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 …

[LIVE NOW] Demo Lecture For Judiciary Aspirants By LiveLaw Academy On 'Abetment Of Suicide And Attempt To Commit Suicide' By Vishalakshi Sathinathan
3 months, 1 week ago

[LIVE NOW] Demo Lecture For Judiciary Aspirants By LiveLaw Academy On 'Abetment Of Suicide And Attempt To Commit Suicide' By Vishalakshi Sathinathan

Live Law  

Abetment of suicide Section 306 of the Indian Penal Code provides that whoever abets the commission of suicide of another person, he/she shall be punished with imprisonment of either description for a term not exceeding ten years and shall also be liable to fine Section 108 of the Bharatiya Nyaya Sanhita provides that if any person commits suicide, whoever abets …

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

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
3 months, 2 weeks ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Supreme Court Allows Interim Release Of 103-Year-Old Convict Serving Life Sentence In 1988 Murder Case
4 months ago

Supreme Court Allows Interim Release Of 103-Year-Old Convict Serving Life Sentence In 1988 Murder Case

Live Law  

The Supreme Court on Friday granted interim release to a 103-year-old convict serving life sentence for the offence of murder. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a plea filed by the convict seeking interim release. The accused/ petitioner was convicted in 1994 by the trial court for the offence of murder under S. 302 …

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court
4 months ago

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court

Live Law  

The Supreme Court today set aside the conviction of a man who was charged with the offence of abetment to suicide because his lover committed suicide upon his refusal to marry her. The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan observed that simple refusal to marry someone would not amount to instigation to commit suicide. “Even assuming, though …

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor
4 months, 2 weeks ago

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor

Live Law  

The Madhya Pradesh High Court in a recent ruling commuted the death sentence of a man convicted for rape and murder of a minor girl. The division bench observed, “…we have no hesitation in maintaining his sentence under Sections 302, 376, 377, 201, 363, 366 of the IPC, but societal interest can be balanced by holding that appellant shall remain …

Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court
4 months, 3 weeks ago

Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court

Live Law  

The Karnataka High Court has said that a husband committing suicide allegedly due to his wife having an illicit relationship with another man cannot be a ground to convict the wife for charges of abetment to suicide. It said “The act of accused persons having illicit relationship does not amount to abetment to commit suicide. On going through the evidence …

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

17 years on, three get life in jail for murdering nephew in Greater Noida
9 months, 2 weeks ago

17 years on, three get life in jail for murdering nephew in Greater Noida

Hindustan Times  

A sessions court in Surajpur, Greater Noida, convicted three men for the murder of their 21-year-old nephew in village Kherli of Dankaur, which took place about 17 years ago, prosecution officials said on Tuesday. Rajesh Kumar Mishra, additional district sessions judge, on Monday relied on the testimonies of the prosecution witnesses and medical evidence and convicted the three persons. {{^userSubscribed}} …

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister
10 months ago

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister

Live Law  

The Uttarakhand High Court has recently commuted the death penalty awarded to a man convicted for repeatedly committing rape upon his five-year-old orphan cousin and assaulting her numerous times. While lessening the punishment awarded to the convict to twenty-year rigorous imprisonment, the Division Bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma observed – “…we are of the …

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
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 …

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder
10 months, 1 week ago

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder

Live Law  

The Kerala High Court today confirmed the death sentence imposed upon Muhammed Ameer-Ul Islam, a migrant labourer from Assam for committing the rape and murder of a law student in Perumbavoor on April 28, 2016. It said, “The Court stated that the brutality committed by the accused on the body of the victim to cause her death can only be …

Firing Outside Salman Khan's House: Punjab & Haryana HC Directs Second Post-Mortem Of Accused Who Died In Police Custody
10 months, 3 weeks ago

Firing Outside Salman Khan's House: Punjab & Haryana HC Directs Second Post-Mortem Of Accused Who Died In Police Custody

Live Law  

The Punjab & Haryana High Court today, has directed the Punjab Government to conduct a "second postmortem" of the accused in the firing outside Salman Khan's house case, who is alleged to have committed suicide in Mumbai police's lock-up.The Mumbai Police has claimed that deceased Anuj Kumar was one of the four accused arrested by the crime branch in connection …

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
10 months, 3 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Live Law  

Municipal Corporation Act Municipal Corporation Act - Delhi Municipal Corporation Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. Mina Pun v. State of U.P., 2023 LiveLaw 724 Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as …

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases
10 months, 4 weeks ago

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases

Live Law  

The Orissa High Court has taken suo motu cognizance of need for background analysis of the convicts, so as to ascertain mitigating circumstances in their favour, before imposing the extreme sentence of death. Emphasizing the importance of providing real and effective hearing on the question of sentence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik …

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

Man gets life term for slitting co-worker’s throat
1 year ago

Man gets life term for slitting co-worker’s throat

Hindustan Times  

Five years after a labourer slit the throat of a co-worker in Dhakoli on Holi, a local court sentenced the accused to life imprisonment on Friday. The accused was convicted under Section 302 of the Indian Penal Code. The court of additional district and sessions judge Avtar Singh held the accused Ganesh Kumar guilty of murdering his colleague, Manoj. When …

'Not Murder, But Culpable Homicide Not Amounting To Murder' : Supreme Court Reduces Sentence Of Husband Who Burnt Wife Alive In Sudden Quarrel
1 year ago

'Not Murder, But Culpable Homicide Not Amounting To Murder' : Supreme Court Reduces Sentence Of Husband Who Burnt Wife Alive In Sudden Quarrel

Live Law  

The Supreme Court recently converted the conviction of a husband, who killed his pregnant wife by setting fire on her after pouring kerosine oil, for the offence of murder under Section 300 of the Indian Penal Code to the offence of culpable homicide not amounting to murder punishable under Part-II of Section 304 IPC30.The Bench Comprising Justices Sudhanshu Dhulia and …

Yes Milord, the process is often punishment
1 year, 1 month ago

Yes Milord, the process is often punishment

Hindustan Times  

The two-judge bench SC order clearing a person charged with abetting the suicide of his wife 30 years ago is noteworthy for two reasons. One, it has stressed an important principle that should guide law officers while invoking stringent provisions, in this specific case, Section 306 of the IPC. Two, the comment the Court made on the judicial process that …

[TP Chandrashekaran Murder] Kerala High Court To Pronounce Order In Plea For Enhancement Of Accused's Life Sentences
1 year, 1 month ago

[TP Chandrashekaran Murder] Kerala High Court To Pronounce Order In Plea For Enhancement Of Accused's Life Sentences

Live Law  

The Kerala High Court will pronounce its orders on the plea for enhancement of sentence in the TP Chandrashekaran murder case at 3.30 PM today. Based on Apex Court decisions, it was also submitted that the prosecution has not submitted any evidence before the Trial Court and High Court to prove that the accused persons were hard-core criminals with no …

[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 …

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

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 …

S. 34 IPC | Common Intention Doesn't Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court
1 year, 3 months ago

S. 34 IPC | Common Intention Doesn't Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court

Live Law  

The Supreme Court recently clarified that for Section 34 of the Indian Penal Code to be applicable, there must be a common intention among all co-accused individuals, indicating a shared purpose and design. The Court observed “For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design. …

Soumya Vishwanathan murder: four convicts awarded life sentence
1 year, 4 months ago

Soumya Vishwanathan murder: four convicts awarded life sentence

The Hindu  

A Delhi court on Saturday awarded life imprisonment to four men for killing TV journalist Soumya Vishwanathan, who was robbed and shot dead by the convicts while she was returning home from her office in 2008. The court also observed that it was “unfortunate” that Vishwanathan, who was a “young, dynamic and hard-working journalist”, lost her life due to the …

Delhi court sentences life imprisonment to four convicts in Soumya Vishwanathan murder
1 year, 4 months ago

Delhi court sentences life imprisonment to four convicts in Soumya Vishwanathan murder

Op India  

The Saket Court of Delhi on Saturday sentenced four convicts to life imprisonment for killing TV journalist Soumya Vishwanathan in 2008. The court sentenced life imprisonment to Ravi Kapoor, Amit Shukla, Baljeet Malik, and Ajay Kumar who were recently convicted under Indian Penal Code section 302 and Maharashtra Control of Organised Crime Act provisions for committing organised crime resulting in …

Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State
1 year, 4 months ago

Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State

Live Law  

The Supreme Court recently upheld the conviction of a convict for the offence of murder under Section 302 of the Indian Penal Code after carefully considering the impact of intoxication on him at the time of the incident. Thus, in the absence of such evidence, coupled with the fact that it is not the case of the appellant that he …

Delhi High Court Grants Bail To Man Accused Of Murdering Wife, Reiterates Ligature Marks In Case Of Hanging Different From Strangulation
1 year, 4 months ago

Delhi High Court Grants Bail To Man Accused Of Murdering Wife, Reiterates Ligature Marks In Case Of Hanging Different From Strangulation

Live Law  

The Delhi High Court on Monday granted bail to a man being prosecuted under Sections 302, 498A and 201 IPC, in relation to his wife’s death. The deceased’s biological father had given a statement under Section 161 CrPC, where it was recorded that after marriage, the deceased would come to his house and complain that the petitioner tortured her for …

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

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old
1 year, 6 months ago

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old

Live Law  

The division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase observed that the trial court did not consider mitigating factors, including the convict's background and the absence of any prior criminal record while awarding the death penalty. The Bombay High Court on Friday commuted the death sentence to 25-year fixed-term imprisonment for a 36 years old labour, convicted …

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction
1 year, 6 months ago

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

Live Law  

The Calcutta High Court recently dismissed an appeal filed by a husband and his brother who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home. Brief Background The appellants had been convicted by the trial court under …

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

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court
1 year, 7 months ago

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court

Live Law  

The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal Code.In this case, a chargesheet was lodged against the accused under Section 306 IPC. The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal …

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission
1 year, 7 months ago

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission

Live Law  

Observing that the case does not fall under the category of the rarest of rare, the Madhya Pradesh High Court commuted a convict's sentence of death penalty to life imprisonment without remission, in a case for the murder and rape of a 3 years and 4 month old girl. The division bench of Chief Ravi Malimath and Justice Vishal MIshra …

'Sudden Provocation As Rs 500 For Daughter Not Given' : Supreme Court Modifies Murder Conviction Of Wife Who Killed Husband
1 year, 8 months ago

'Sudden Provocation As Rs 500 For Daughter Not Given' : Supreme Court Modifies Murder Conviction Of Wife Who Killed Husband

Live Law  

The Supreme Court altered conviction of a woman accused of killing her husband from Section 302 IPC to Section 304 Part 1 IPC. "The possibility of the accused causing the death of the deceased while being deprived of the power of self-control, due to the provocation on account of the deceased not agreeing to pay Rs.500/- to her daughter cannot …

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