22 Years Later, Bombay HC Sets Aside Acquittal of Man in Wife’s Murder [Read Judgment]
8 years, 1 month 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. 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. Such a sequence of events is just not possible and it is totally unthinkable.” Court then observed that the accused, his wife and their son were in the house, the door was locked from inside and considering the circumstances thereafter Section 106 of the Evidence Act would “definitely come into play.” The bench observed- “Just because in a case of circumstantial evidence a motive is not proved, it does not mean the accused is entitled to acquittal.” Furthermore, in the case of State of Rajasthan v. Kashi Ram, the apex court had observed – “If the accused fails to offer an explanation on the basis of facts within his special knowledge, he fails to discharge the burden cast upon him by Section 106 of the Indian Evidence Act. In a case resting on circumstantial evidence if the accused fails to offer a reasonable explanation in discharge of the burden placed on him, that itself provides an additional link in the chain of circumstances proved against him.” Thus, the Court finally held that the prosecution had proved the case Under Sections 302 and 201 and sentenced the accused who has been on bail since his acquittal on July 31, 1995.

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History of this topic

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established
1 week, 5 days ago

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established

Live Law  

While granting bail to the husband-accused in wife's suicide case, the Rajasthan High Court ruled that even though as per the prosecution the husband used to beat the wife, and misbehaved with her, there was no direct evidence to show that he did any act to instigate or aid his wife's suicide. Without there being a positive act on the …

Bihar Man Absolved Of Murder Charge After 27 Years In Prison
1 week, 5 days ago

Bihar Man Absolved Of Murder Charge After 27 Years In Prison

ABP News  

Bihar News: Justice delayed is justice denied. The age-old maxim was yet again highlighted in Bihar's Gopalganj when a man got relief in a murder case 27 years after being accused of the crime. Case Registered On Watchman's Complaint The case was registered on November 12, 1998, based on a complaint filed by Madan Rai, a watchman from Bansghat Masuria …

Telangana Legal Briefs | Advocate acquitted in murder case
1 month, 1 week ago

Telangana Legal Briefs | Advocate acquitted in murder case

Deccan Chronicle  

Hyderabad: A two-judge panel of Telangana High Court reiterated that mere suspicion, however strong, cannot replace proof beyond a reasonable doubt in a criminal case. The panel comprising Justice K. Surender and Justice Anil Kumar Jukanti, acquitted an advocate Potham Jagannadham Naidu in a murder case, overturning the conviction handed down by the Metropolitan Sessions Judge, Hyderabad. MD of TGSPDCL …

Man gets 800 days’ jail for fabricating evidence in dowry death case
1 month, 2 weeks ago

Man gets 800 days’ jail for fabricating evidence in dowry death case

Hindustan Times  

LUCKNOW In what appears to be a unique judgment, a Bareilly court on Friday awarded 800 days’ imprisonment to a man for producing fabricated evidence against an old couple and their son who he accused of domestic violence and causing the death of his daughter over dowry demands, prosecution officials said on Saturday. The officials said the court directed the …

Woman moves Kerala HC against death sentence for murdering boyfriend
1 month, 2 weeks ago

Woman moves Kerala HC against death sentence for murdering boyfriend

Deccan Chronicle  

Kochi: The Kerala High Court on Thursday called for the records in connection with the conviction and death sentence given to a 24-year-old woman for the sensational murder of her boyfriend in 2022. The Neyyattinkara Additional District Sessions Court had on January 20 sentenced Greeshma to death for the murder of her boyfriend Sharon Raj, saying that the manner of …

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court
1 month, 2 weeks ago

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court

India Today  

The Nagpur Bench of the Bombay High Court recently upheld the conviction and 10-year sentence imposed by the Amravati Sessions Court on labourer Balya alias Rahul Lokhande for raping a 35-year-old woman who lived alone. Lokhande had appealed his conviction, but the High Court ruled that the victim’s testimony was “cogent, concrete, and reliable.” According to the prosecution, the incident …

Maharashtra man who killed sister-in-law in 2018 for refusing to continue affair gets bail
1 month, 3 weeks ago

Maharashtra man who killed sister-in-law in 2018 for refusing to continue affair gets bail

India Today  

The Bombay High Court granted bail to a man from Sangli who was granted a life sentence by the sessions court for stabbing his sister-in-law to death in 2018 over her refusal to continue an illicit relationship. He pointed out that the sessions court had primarily based its conviction on the discovery of the body in the shared residence and …

Disapproving marriage not abetment of suicide: Supreme Court
1 month, 3 weeks ago

Disapproving marriage not abetment of suicide: Supreme Court

Hindustan Times  

The Supreme Court has said that disapproving marriage does not amount to abetment of suicide under section 306 of the Indian Penal Code, PTI reported. A top court bench of Justices BV Nagarathna and Satish Chandra Sharma observed while rejecting a chargesheet against a woman who was accused of abetting the suicide of another woman who was allegedly in love …

Disapproving marriage does not amount to abetment of suicide: Supreme Court
1 month, 3 weeks 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 …

Man given death penalty for killing disabled younger brother
2 months, 1 week 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 …

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court
2 months, 1 week ago

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court

Live Law  

The Bombay High Court bench at Nagpur on Wednesday held that just because a woman committed suicide after her 'long standing relationship' was broken up by the man, he cannot be booked for abetting her suicide. Justice Urmila Joshi-Phalke discharged a man booked for abetting the suicide of a woman, with whom he was in a relationship for 9 years. …

Kerala HC acquits second accused in rape and murder of woman and daughter in Kumily
2 months, 2 weeks ago

Kerala HC acquits second accused in rape and murder of woman and daughter in Kumily

The Hindu  

A Division Bench of the Kerala High Court on Thursday acquitted Jomon of Kumily, the second accused in a case relating to the rape and murder of a woman and her daughter in 2007, after setting aside the Thodupuzha Session’s Court’s verdict awarding him death sentence in the case. The High Court had in 2018 confirmed the capital punishment imposed …

Supreme Court Grants Bail To Tihar's Ex-Dy Superintendent In Murder Case Of Inmate In Judicial Custody
2 months, 2 weeks ago

Supreme Court Grants Bail To Tihar's Ex-Dy Superintendent In Murder Case Of Inmate In Judicial Custody

Live Law  

The Supreme Court on January 6 granted bail to former Deputy Superintendent of Tihar Jail, Narendra Meena, in connection with the allegations of death of under trial prisoner, a 29-year-old gangster Ankit Gujjar, in judicial custody.A bench of Justices M.M. Sundresh and Rajesh Bindal set aside the order of the Delhi High Court denying him bail. The Supreme Court on …

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 months, 2 weeks ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law  

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

SC to hear Nithari killings pleas against Koli's acquittal on March 25
Top News
2 months, 2 weeks ago

SC to hear Nithari killings pleas against Koli's acquittal on March 25

Hindustan Times  

The Supreme Court on Monday posted for hearing on March 25, a batch of pleas against the acquittal of Surendra Koli, accused in the 2005-06 Noida Nithari killings. A series of appeals against Surendra Koli's acquittal in the 2005–06 Noida Nithari killings were scheduled for consideration by the Supreme Court on Monday, March 25. In 2024, the top court agreed …

Atul Subhash suicide case: Why don't you want investigation to happen, asks Karnataka HC to Nikita Singhania
Trending News
2 months, 2 weeks ago

Atul Subhash suicide case: Why don't you want investigation to happen, asks Karnataka HC to Nikita Singhania

India TV News  

Karnataka High Court on Monday rejected the plea seeking cancellation of the FIR against Bengaluru techie Atul Subhash's Nikita Singhania in connection with the alleged suicide case. “Where is the question of short-circuiting investigation in such a matter, why don't you want the investigation to happen?” asked a single judge Justice S R Krishna Kumar, while refusing to stay further …

Man accused of abetment in Mumbai Air India pilot's suicide gets bail
2 months, 3 weeks ago

Man accused of abetment in Mumbai Air India pilot's suicide gets bail

India Today  

A Mumbai court on Friday granted bail to Aditya Pandit, who was accused on charges of abetment to suicide of 25-year-old Air India pilot Srishti Tuli last month. However, advocate Aniket Nikam, representing the accused in the Dindoshi Sessions Court, contended that the charge of abetment of suicide was not substantiated. Nikam pointed out that the FIR indicated Srishti had …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

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

Oral Testimony Of General Witness About Nature Of Injury Sans Medical Evidence/ Expert Opinion Insufficient To Prove Homicidal Death: Patna HC
3 months ago

Oral Testimony Of General Witness About Nature Of Injury Sans Medical Evidence/ Expert Opinion Insufficient To Prove Homicidal Death: Patna HC

Live Law  

The Patna High Court has recently upheld the acquittal of three women accused of murder, while ruling that oral testimony of general witnesses regarding nature of injury suffered by the deceased is insufficient to establish homicidal death. But there is no such medical evidence on record and hence, the prosecution has failed to prove beyond reasonable doubts the homicidal death …

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

’Judge laughed after wife said commit suicide’: Bengaluru techie Atul Sabhash’s uncle reveals chilling details
3 months, 1 week ago

’Judge laughed after wife said commit suicide’: Bengaluru techie Atul Sabhash’s uncle reveals chilling details

Live Mint  

A Bengaluru techie's suicide that shook the nation continues to make headlines with new developments in the case. According to police, a case of abetment of suicide was registered on Tuesday against his wife Nikita Singhania, her mother Nisha, brother Anurag and uncle Sushil, PTI reported. Demanding justice for Atul Subhash, his brother said that he wanted this country to …

Amid Bengaluru techie suicide case, Supreme Court lays down 8 factors for deciding alimony
3 months, 1 week ago

Amid Bengaluru techie suicide case, Supreme Court lays down 8 factors for deciding alimony

India TV News  

Amid the ongoing debate surrounding the suicide of Bengaluru-based techie Atul Subhash, who had alleged harassment by his wife and in-laws over dowry charges, the Supreme Court has laid down an eight-point formula for deciding the alimony amount. The Supreme Court bench of Justice Vikram Nath and Justice PV Varale, while deciding a divorce case on Tuesday and deciding on …

Satara district sessions Judge, two others booked in ₹5 lakh bribe case
3 months, 2 weeks ago

Satara district sessions Judge, two others booked in ₹5 lakh bribe case

Hindustan Times  

Sleuths of the Maharashtra Anti-Corruption Bureau on Wednesday booked Satara District and Sessions Judge Dhananjay Nikam and two of his associates for allegedly demanding ₹5 lakh bribe for a favourable decision on the bail plea of an accused. According to the Satara police, the 24-year-old daughter had lodged a case against the trio along with another unidentified person for demanding …

Who is family judge Rita Kaushik, mentioned in Bengaluru techie Atul Subhash’s suicide note? What are the allegations?
3 months, 2 weeks ago

Who is family judge Rita Kaushik, mentioned in Bengaluru techie Atul Subhash’s suicide note? What are the allegations?

Live Mint  

The 24-page suicide note of noted AI engineer Atul Subhash has raised serious questions about the Indian judicial system. Along with the long note, Subhash had recorded an hour-long video making serious allegations against his wife and in-laws and Family Court Judge Rita Kaushik. The suicide note that Subhash left said Judge Kaushik demanded ₹5 lakh in bribes for a …

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case
3 months, 2 weeks ago

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case

Live Law  

" This Court also observes that in the instant case, the crime in question took place within the four-walls of the victim's matrimonial house and therefore, in such a circumstance the burden is upon the in-laws who were present in the house to explain the facts and the circumstances under which the incident in question has taken place, by virtue …

Man accused of neigbour’s murder let off by HC for lack of evidence
3 months, 2 weeks ago

Man accused of neigbour’s murder let off by HC for lack of evidence

Hindustan Times  

MUMBAI: The Bombay high court on Thursday discharged an accused in a murder case for lack of evidence directly linking him to the murder or the conspiracy to kill. Man accused of neigbour’s murder let off by HC for lack of evidence The Vasai resident, Vijay Lulla, and 6 other persons were being tried for the murder of their neighbour, …

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term
4 months, 1 week ago

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term

Live Law  

The Bombay High Court at Nagpur on Wednesday while commuting the death sentence of two men and a woman to life term, objected to the reasoning of the Trial Court, especially for quoting Mahabharata verses.The High Court was dealing with an appeal filed by a family convicted for killing four members of the maternal family over a land dispute.A division …

Bombay HC upholds death sentences for father, son in quadruple family murder case
4 months, 1 week ago

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

Hindustan Times  

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

Making daughter-in-law sleep on carpet, prohibiting TV not cruelty: High Court
4 months, 2 weeks ago

Making daughter-in-law sleep on carpet, prohibiting TV not cruelty: High Court

India Today  

The Aurangabad bench of the Bombay High Court overturned a 20-year-old conviction against a man and his family for alleged cruelty towards his late wife. The court found that accusations of taunting her, not letting her watch TV, forbidding her from visiting the temple alone, and making her sleep on a carpet did not amount to “severe” actions under Section …

Odisha court acquits all 16 accused in murder of BJD leader Pratap Pallai due to lack of evidence
4 months, 3 weeks ago

Odisha court acquits all 16 accused in murder of BJD leader Pratap Pallai due to lack of evidence

New Indian Express  

BERHAMPUR: The court of Additional District Judge at Aska in Ganjam district acquitted 16 people accused of killing BJD leader Pratap Pallai over lack of evidence. Pallai was a resident of Pakelapalli village within Aska police limits and was murdered when he was en route to Berhampur on a bus on November 6, 2017. Pallai’s wife, Babita, a former councillor …

HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal
7 months ago

HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal

The Hindu  

The Bombay High Court on Wednesday issued notices to all the accused and the Central Bureau of Investigation while hearing a petition filed by Mukta Dabholkar challenging a sessions court judgment acquitting three persons accused of killing her father and rationalist Narendra Dabholkar. Ms. Mukta’s plea contended that the sessions court order failed to consider evidence that “establishes beyond reasonable …

HC takes up honour killing case
8 months, 1 week ago

HC takes up honour killing case

Deccan Chronicle  

Hyderabad: The Telangana High Court will examine a plea seeking a reinvestigation into an alleged honour killing case while the trial is pending at IInd additional district and sessions judge, Nizamabad court. The judge earlier observed that respondent authorities, without laying any challenge to the earlier order of High Court cannot justify their action of not restoring the permission by …

Dr. Subbiah murder case | Madras High Court sets aside death sentence imposed on seven, and life sentence imposed on two others
9 months, 1 week 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}} …

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

Nithari Killings: SC Agrees to Hear Plea of Victim's Father Against Acquittal of Surendra Koli
10 months, 3 weeks ago

Nithari Killings: SC Agrees to Hear Plea of Victim's Father Against Acquittal of Surendra Koli

News 18  

The Supreme Court has agreed to hear a plea challenging Allahabad High Court’s order acquitting Surendra Koli in the 2006 Nithari serial killings case. On October 16, the high court pronounced verdicts on several appeals filed by Koli and Pandher, who were awarded the death penalty by the trial court. Reversing the death sentence given to Koli in 12 cases …

Woman can't be held accountable if lover dies by suicide due to ‘love failure’: Delhi High Court
11 months, 1 week ago

Woman can't be held accountable if lover dies by suicide due to ‘love failure’: Delhi High Court

India TV News  

New Delhi: The Delhi High Court observed that if a “lover” dies by suicide due to “love failure”, then the woman cannot be held accountable for abetting the man’s suicide while granting pre-arrest bail to two persons in an abetment of suicide case. A single-judge bench of Justice Amit Mahajan, in its April 16 order, held, "If a lover commits …

Man Who Was Twice Sentenced To Death In 2 Trials Acquitted In 3rd Retrial
11 months, 2 weeks ago

Man Who Was Twice Sentenced To Death In 2 Trials Acquitted In 3rd Retrial

Live Law  

In a notable development in Bhopal, Madhya Pradesh, a man who had been convicted and sentenced to death two times for the alleged rape and murder of a 9-year-old girl was acquitted after the third trial. In 2013, Anokhilal was convicted by a special court in Madhya Pradesh's Khandwa district for the rape and murder of a nine-year-old, and the …

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused
1 year, 1 month ago

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused

Hindustan Times  

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

[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 …

Narendra Dabholkar Murder : Supreme Court Dismisses Challenge To Accused Vikram Bhave's Bail
1 year, 2 months ago

Narendra Dabholkar Murder : Supreme Court Dismisses Challenge To Accused Vikram Bhave's Bail

Live Law  

The Supreme Court today dismissed a challenge to a Bombay High Court judgment granting bail to accused-Vikram Bhave in the 2013 Dabholkar Murder case.A Division Bench of Justices MM Sundresh and SVN Bhatti found no reason to interfere with the High Court's decision on the matter, saying adequate reasons had been given in the judgment. The Supreme Court today dismissed …

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 …

Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance
1 year, 4 months ago

Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance

Live Law  

In a significant judgement, the Patna High Court has ruled that the mere application of sindoor on a woman's forehead under coercion does not constitute a valid marriage under Hindu law. The Court emphasized that a Hindu marriage must be consensual and involve the customary 'saptapadi,' where the bride and groom complete seven rounds around a sacred fire for the …

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 …

Nithari Killings: 'Acquitting These Monsters', Victims' Parents Rue HC Verdict On Case
1 year, 5 months ago

Nithari Killings: 'Acquitting These Monsters', Victims' Parents Rue HC Verdict On Case

ABP News  

New Delhi: After the Allahabad High Court acquitted the prime accused in the Nithari killings, victims' parents expressed sadness over the judgment and said that they were not satisfied with the ruling. The Allahabad High Court on Monday acquitted Surendra Koli and Moninder Singh Pandher in all the cases they were convicted in the 2006 Nithari murders case. The High …

[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 …

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 …

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court
1 year, 6 months ago

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court

Live Law  

The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A. In upholding the appellant’s conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s …

Calcutta HC Suspends Sentence of Woman Convicted for Killing of 6-Yr-Old Step-daughter
1 year, 8 months ago

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

News 18  

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

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