Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA
1 day, 3 hours 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 the other hand, dismissed the appeal and upheld the sessions court's 2023 Judgment acquitting all the accused. Challenging their acquittal, Vikas-Singh moved the High Court through Advocate Naved Ali, contending that the medical and vehicle inspection reports fully supported the testimony of the injured witness, Vikas Singh, and that the trial court should not have dismissed it due to minor contradictions. In view of this, finding error in the trial court's judgment, the Court set it aside and convicted Shambhunath Singh, Rama Kant Yadav, Ravi Kant Yadav, Abhay Singh and Sandeep Singh @ Pappu Singh for the charges levelled against them under Sections 147, 149, 504, 506, 307 IPC and sentenced them to 3 year RI.

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History of this topic

Madras HC reverses acquittal of seven in murder case, hands them double life-term
1 week, 1 day 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 …

"False In One, False In All" Doctrine Doesn't Apply In India: J&K High Court Partially Overturns Acquittal In 24-Yr-Old Assault Case
3 weeks ago

"False In One, False In All" Doctrine Doesn't Apply In India: J&K High Court Partially Overturns Acquittal In 24-Yr-Old Assault Case

Live Law  

The High Court of Jammu and Kashmir and Ladakh has reaffirmed that the doctrine of falsus in uno, falsus in omnibus—"false in one thing, false in everything" is inapplicable in Indian courts. Instead, the court comprising Justices Rajnesh Oswal and Sanjay Dhar emphasized the necessity of carefully sifting through evidence, separating unreliable portions while relying on credible and corroborated testimony. …

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC
3 weeks, 6 days ago

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC

Live Law  

In a case concerning acquittal of an individual in a criminal case on account of witnesses turning hostile, the Indore Bench of Madhya Pradesh High Court has observed it is unjustified for the authorities to apply the test of honourable acquittal especially when the initial case was itself false. Thus, it cannot be said that the acquittal which has occasioned …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case
1 month, 1 week ago

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case

Live Law  

While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed …

Allahabad High Court Acquits Convict In 1981 Murder Case By According Benefit Of Doubt
1 month, 1 week ago

Allahabad High Court Acquits Convict In 1981 Murder Case By According Benefit Of Doubt

Live Law  

The Allahabad High Court last week acquitted one Ram Krishna, who was convicted for the offence of murder by a Sessions Court in March 1983 and sentenced to life imprisonment by giving him the benefit of the doubt. In its 11-page order, relying upon the Supreme Court's ruling in the case of Harchand Singh & Anr vs State Of Haryana …

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
2 months ago

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case

Live Law  

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to 2009. The court found that the victim appeared to be a consenting party based on the evidence presented during trial. The court also referred to the Apex Court's judgment in Shailendra Rajdev Pasvan v. State of Gujarat, (2020), which …

1978 Murder Case | Circumstances Alleged Against Accused Not Proved Satisfactorily: Allahabad HC Upholds Acquittal Order
4 months, 2 weeks ago

1978 Murder Case | Circumstances Alleged Against Accused Not Proved Satisfactorily: Allahabad HC Upholds Acquittal Order

Live Law  

The Allahabad High Court on Monday upheld the acquittal of an accused in a 1978 murder case, noting that many circumstances alleged against the accused had not been proved satisfactorily by the prosecution. The Court also opined that the chain of circumstances was incomplete to record the finding of conviction against the accused, and hence, the Court upheld the trial …

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
4 months, 3 weeks ago

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

Live Law  

The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned …

Allahabad High Court Allows SP MP Afzal Ansari's Appeal Challenging Conviction In Gangster Act Case
4 months, 3 weeks ago

Allahabad High Court Allows SP MP Afzal Ansari's Appeal Challenging Conviction In Gangster Act Case

Live Law  

The Allahabad High Court today ALLOWED the appeal of Samajwadi Party MP Afzal Ansari, who had moved the Court challenging his conviction in the Gangster Act case, in which the Ghazipur MP/MLA Court sentenced him to 4 years in prison. Ansari, who secured victory in Uttar Pradesh's Ghazipur constituency during the 2024 Lok Sabha elections on a Samajwadi Party ticket, …

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case
6 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 …

1982 Murder Case | 'Faulty' Investigation, 'Contradictions' In Testimonies Of PWs: Allahabad HC Upholds Acquittal Of 3 Accused
6 months ago

1982 Murder Case | 'Faulty' Investigation, 'Contradictions' In Testimonies Of PWs: Allahabad HC Upholds Acquittal Of 3 Accused

Live Law  

The Allahabad High Court recently upheld the acquittal of the 3 accused in a 1982 murder case, noting that the faulty investigation in the matter had cast a serious dent in the entire prosecution case. Such contradictions and faulty investigation cast a serious dent in the entire prosecution case,” the Court said as it upheld the acquittal of the accused. …

'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case
6 months, 2 weeks ago

'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case

Live Law  

The Allahabad High Court recently set aside the conviction of three murder convicts sentenced to life imprisonment by a Sessions Court in June 1982 on the ground that the prosecution failed to prove the case beyond a reasonable doubt. The Court also noted that the recovery made under Section 27 of the Evidence Act was of “no value whatsoever”, and …

Why Ram Rahim Singh Was Acquitted In 2002 Murder Case? Punjab & Haryana High Court Belies Polygraph Test, Says CBI Coerced Key Witness
6 months, 3 weeks ago

Why Ram Rahim Singh Was Acquitted In 2002 Murder Case? Punjab & Haryana High Court Belies Polygraph Test, Says CBI Coerced Key Witness

Live Law  

In its 163-page judgment, the Punjab and Haryana High Court today acquitted Dera Sacha Sauda chief Gurmeet Ram Rahim Singh and four others who were sentenced to life imprisonment by a CBI court in the 2002 Ranjit Singh murder case.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra found the CBI, which took over the probe in November …

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused
10 months 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 …

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

Top news of the day: January 10, 2024
11 months, 1 week ago

Top news of the day: January 10, 2024

The Hindu  

Shiv Sena split | Maharashtra Speaker Nawekar declares Shinde faction as the ‘real Shiv Sena political party’ Maharashtra Legislative Assembly Speaker Rahul Narwekar on January 10, held that the Chief Minister Eknath Shinde-led faction was the real Shiv Sena political party when rival factions emerged in 2022. Congress chief Kharge, senior leaders Sonia, Adhir Ranjan Chowdhury decline invitation to attend …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
11 months, 2 weeks 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 …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year 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.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court
1 year, 2 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 …

Supreme Court convicts Lalu party's ex-MP in double murder case, reverses acquittal
1 year, 4 months ago

Supreme Court convicts Lalu party's ex-MP in double murder case, reverses acquittal

India Today  

The Supreme Court on Friday convicted Rashtriya Janata Dal leader and former Member of Parliament Prabhunath Singh in a double murder case of 1995, reversing his acquittal by a lower court. Referring to the accused, the court has said that “Everything was going as per the plan and wish of the main accused Prabhunath Singh, a political leader and a …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 6 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case
1 year, 6 months ago

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case

Live Law  

The Supreme Court recently set aside the conviction of two murder convicts under Sections 302, 34, 201 of IPC and Sections 4, 25 of Arms Act, on the ground that the prosecution failed to prove beyond reasonable doubt that the deceased was last seen alive in the company of the accused near the spot at the relevant time. It was …

Supreme Court Acquits Man Accused Of Murdering Wife 35 Years Ago; Says Conviction Resulted In 'Travesty Of Justice'
1 year, 8 months ago

Supreme Court Acquits Man Accused Of Murdering Wife 35 Years Ago; Says Conviction Resulted In 'Travesty Of Justice'

Live Law  

"In our considered view, the courts below have seriously erred in passing the order of conviction based on incorrect and incomplete appreciation of evidence, causing serious prejudice to the accused, also resulting into travesty of justice", a bench comprising Justices BR Gavai and Sanjay Karol stated after finding serious deficiencies in the case built on circumstantial evidence. The Supreme Court …

Murder Trial- Prosecution's Omission to Explain Injuries On Accused Assumes Importance When Evidence Consists Of Interested Witnesses : Supreme Court
1 year, 9 months 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
1 year, 10 months 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 …

Govt may seek review after three Chhawla rape accused acquitted
2 years, 1 month ago

Govt may seek review after three Chhawla rape accused acquitted

Hindustan Times  

Uttarakhand chief minister Pushkar Singh Dhami said on Tuesday that he spoke to Union law minister Kiren Rijiju and assured justice for a 19-year-old rape victim who hailed from the state, a day after the Supreme Court acquitted three men sentenced to death for her 2012 gang rape and murder. “I have spoken to advocate Charu Khanna, who is handling …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 4 months ago

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

Live Law  

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

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court
2 years, 4 months ago

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

Live Law  

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

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order
2 years, 5 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 …

Supreme Court Criminal Digest: June 2022
2 years, 5 months ago

Supreme Court Criminal Digest: June 2022

Live Law  

Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Sanjay v. State, 2022 LiveLaw 555 Code of Criminal Procedure, 1973; Section 220 - trial for more than one offence - if in one series of acts …

"Case Not Proved Beyond Reasonable Doubt": Allahabad High Court Acquits Murder Accused, Sets Aside Death Penalty
2 years, 9 months ago

"Case Not Proved Beyond Reasonable Doubt": Allahabad High Court Acquits Murder Accused, Sets Aside Death Penalty

Live Law  

The Allahabad High Court recently rejected the reference made to it to confirm the death penalty awarded to a man accused of murdering two persons as it found that the prosecution couldn't prove charges against the accused beyond a reasonable doubt. Court's observations The Court, at the outset, noted that there was no eye-witness of the crime except the informant, …

"Extra-Judicial Confession Not Corroborated": Allahabad High Court Upholds Acquittal Of Murder-Robbery Accused
2 years, 9 months ago

"Extra-Judicial Confession Not Corroborated": Allahabad High Court Upholds Acquittal Of Murder-Robbery Accused

Live Law  

The Allahabad High Court recently upheld the acquittal of a Murder-Robbery accused as it noted that the alleged extrajudicial confession made by all the accused persons was highly unnatural and the same was not corroborated by any other evidence.Essentially, the Bench of Justice Vivek Kumar Birla and Justice Subhash Vidyarthi was hearing an appeal filed by the informant of the …

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court
3 years ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law  

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 4 months ago

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

Live Law  

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

Mere Acquittal In Case Involving Moral Turpitude Not Sufficient": Sikkim HC Upholds Full Court Resolution Withdrawing Appointment Of Civil Judge
3 years, 7 months ago

Mere Acquittal In Case Involving Moral Turpitude Not Sufficient": Sikkim HC Upholds Full Court Resolution Withdrawing Appointment Of Civil Judge

Live Law  

The Sikkim High Court on Monday ruled that acquittal of a person in a case involving moral turpitude by giving benefit of doubt is not sufficient to grant him employment. The above position of law was very recently re-affirmed by the Supreme Court in the case of State Of Rajasthan v. Love Kush Meena, where it was held, "The mere …

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases
3 years, 9 months ago

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases

Live Law  

Bhartiya Janata Party leader Kapil Mishra has moved Supreme Court by way of filing a Public Interest Litigation seeking 'adequate compensation' for Vishnu Tiwari, a rape accused, who was recently acquitted by Allahabad High Court after spending 20 years In Jail. Importantly, the plea states, "The law is being misused and abused by filing fake and malicious complaints and no …

Periya Double Murder Case : Supreme Court Adjourns Hearing On Kerala Govt's Appeal Against HC Direction For CBI Probe
4 years, 1 month ago

Periya Double Murder Case : Supreme Court Adjourns Hearing On Kerala Govt's Appeal Against HC Direction For CBI Probe

Live Law  

Noting that the CBI has filed a status report in sealed cover, t he Supreme Court on Tuesday adjourned the hearing in Kerala government's challenge to the transfer of the investigation in the Periya double murder case to the Central probe agency to the next week, "A status report has been filed in sealed cover, enumerating the steps taken. Many …

Patna HC Acquits Rape & Murder Accused Who Was Sentenced To Death By Trial Court [Read Judgment]
4 years, 2 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 …

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