Articles for Section 302

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court
6 months ago

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court

Live Law  

Highlighting the duties of a Court while framing a charge against an accused the Jammu and Kashmir and Ladakh High Court has ruled that investigative shortcomings should not prevent the framing of charges based on the evidence presented. Quashing an order passed by the Additional District and Sessions Judge Baramulla, directing framing of charges under Section 304 Part-I IPC a …

Evidence Court Statement Charges Accused Ipc Framing
Death By A Hammer Blow On Head: Jharkhand High Court Says Culpable Homicide On Sudden Provocation Not Murder, Intention To Kill Not Shown
6 months, 1 week ago

Death By A Hammer Blow On Head: Jharkhand High Court Says Culpable Homicide On Sudden Provocation Not Murder, Intention To Kill Not Shown

Live Law  

The Jharkhand High Court recently set aside the murder conviction of a man who caused the death of his uncle by giving a blow of hammer on his head, stating that 'culpable homicide' committed without premeditation in the heat of passion upon a sudden quarrel, where the offender does not take 'undue advantage nor acts cruelly', does not constitute murder. …

Murder Court Culpable Homicide Case State Ipc Head
Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court
6 months, 1 week ago

Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court

Live Law  

Madhya Pradesh High Court has held that the factum of a husband sentenced to life imprisonment in a murder case can be grounds for divorce on account of 'mental cruelty' to the wife. “…Therefore, the conviction of the husband under Section 302 of IPC and sentence of life imprisonment amounts to mental cruelty towards the wife which entails her getting …

Marriage Murder Court Divorce Mental Cruelty Cruelty Mental
Irked At Perfunctory Probe, Allahabad HC Orders Specialized Training For IO To Enhance Skills In Murder Case Investigations
7 months ago

Irked At Perfunctory Probe, Allahabad HC Orders Specialized Training For IO To Enhance Skills In Murder Case Investigations

Live Law  

The Allahabad High Court recently censured an Investigating Official for hastily filing a chargesheet under Section 306 IPC after dropping the charge under Section 302 IPC, initially specified in the FIR. A bench of Justice Manju Rani Chauhan further directed the Commissioner of Police, Police Commissionerate, Agra, to send the IO for special training to prepare him for investigating offences, …

Court Ipc Section 302 Ipc 302 Ipc 306 Ipc Section 306 Ipc
The Complete Supreme Court Annual Digest- 2023 [Part-XV]
7 months, 2 weeks ago

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

Live Law  

Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but …

India Society Karnataka Tamil Nadu Kerala Delhi Supreme Court
'Not Murder, But Culpable Homicide Not Amounting To Murder' : Supreme Court Reduces Sentence Of Husband Who Burnt Wife Alive In Sudden Quarrel
9 months, 2 weeks 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 …

Supreme Court Murder Court Culpable Homicide Homicide Ipc Supreme
Kerala High Court Weekly Round-Up: February 19
9 months, 3 weeks ago

Kerala High Court Weekly Round-Up: February 19

Live Law  

Nominal Index Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board 2024 LiveLaw 120 K C Ramachandran v State of Kerala & Connected Matters 2024 LiveLaw 121 Lini v State of Kerala 2024 LiveLaw 122 Arifa PK v. State of Kerala 2024 LiveLaw 123 Kuttiyali v State of Kerala & Connected Matters 2024 LiveLaw 124 Bethsaida Hermitage & Tourism …

Kerala Court Kerala High Court 2024 State Ipc High
[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 …

Murder Court Criminal Conspiracy Accused Ipc Ker Section 302
Used stone instead of axe: SC reduces man's conviction to culpable homicide
10 months, 2 weeks ago

Used stone instead of axe: SC reduces man's conviction to culpable homicide

Op India  

On 6th January 2024 the Supreme Court ruled that there was not enough evidence to conclude that a man and the other three co-accused had the same intention to commit murder and as a result, the man was found not guilty of the crime. They were found guilty under Section 302 read with Section 34 of the IPC by a …

Murder Trial Evidence Court Accused Ipc High
Why is Ram Rahim, chief of Dera Sacha Sauda, out on parole again?
11 months ago

Why is Ram Rahim, chief of Dera Sacha Sauda, out on parole again?

Hindustan Times  

Incarcerated controversial head of Sirsa-based sect, Dera Sacha Sauda, Gurmeet Ram Rahim Singh who is serving a 20-year sentence for rape received yet another temporary release of 50 days last week, the ninth time since 2017. The Haryana government, after seeking legal opinion from Advocate General BR Mahajan in 2022 concluded that Ram Rahim Singh did not fall in the …

Murder Haryana Furlough Singh Ram Release Dera
S. 34 IPC | Common Intention Doesn't Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court
1 year 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. …

Supreme Court Ipc Fir Ram Common Ram Kishore Intention
Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State
1 year, 1 month 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 …

Supreme Court Murder Evidence Ipc Act Appellant His Act
Person Guilty Of Murder Even When He Mistakenly Kills Another Person : Supreme Court Applies 'Doctrine Of Transfer Of Malice'
1 year, 1 month ago

Person Guilty Of Murder Even When He Mistakenly Kills Another Person : Supreme Court Applies 'Doctrine Of Transfer Of Malice'

Live Law  

The Supreme Court recently invoked the doctrine of transferred malice to uphold the conviction of the appellant in a murder case under section 302 IPC. The Court illustrated “An example could be given of a person who had intention to kill a person but by mistake kills another person, then he would still be held guilty of committing murder even …

Death Supreme Court Murder Transfer Ipc Kill Appellant
For Conviction Under Section 149 IPC, No Overt Act Needed; Membership Of Unlawful Assembly Enough: Supreme Court
1 year, 1 month ago

For Conviction Under Section 149 IPC, No Overt Act Needed; Membership Of Unlawful Assembly Enough: Supreme Court

Live Law  

The Supreme Court recently held that for Section 149 of the Indian Penal Code, it is not necessary to demonstrate that a person committed an illegal overt act or was guilty of an illegal omission to be held a member of an unlawful assembly. The Court placing reliance on the Constitution bench judgment in Masalti v. State of U.P 2 …

Injuries Supreme Court Assembly Court Prosecution Accused Ipc
Principles To Be Followed In Case Of Multiple Dying Declarations: Supreme Court Explains
1 year, 2 months ago

Principles To Be Followed In Case Of Multiple Dying Declarations: Supreme Court Explains

Live Law  

The Supreme Court recently laid down the principles to be followed in cases where there are multiple dying declarations. Since the prosecution's case relied heavily on the deceased's alleged dying declarations, the Court began by appreciating the various principles of law laid down by this court in respect of cases involving multiple dying declarations. In the case of Kamla v. …

Delhi Supreme Court Court Cases Statement Case Burn Injuries
'Sudden Provocation As Rs 500 For Daughter Not Given' : Supreme Court Modifies Murder Conviction Of Wife Who Killed Husband
1 year, 4 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 …

Supreme Court Murder Court Provocation Accused Ipc Her Husband
Sirsa dera head gets 30-day parole ahead of birthday, exhausts annual quota
1 year, 5 months ago

Sirsa dera head gets 30-day parole ahead of birthday, exhausts annual quota

Hindustan Times  

The controversial chief of Sirsa-based Dera Sacha Sauda sect, Gurmeet Ram Rahim Singh, serving a 20-year sentence for rape and subsequent two life terms for murders at a Rohtak prison following his conviction by a CBI court, was on Thursday granted a 30-day temporary release from the prison, his second this year. Controversial chief of Sirsa-based Dera Sacha Sauda sect, …

Life Prisoners Dera Sacha Sauda Haryana Period Cbi Ram
Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC
1 year, 5 months ago

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC

Live Law  

The Supreme Court recently converted the conviction of a Delhi Police guard under Section 302 IPC to Section 304A in the case related to the death of a constable due to accidental firing. The court finally held that “the prosecution has failed to prove that the appellant had either any intention of causing the death of the deceased or the …

Safety Death Evidence Court Culpable Homicide Accidental Case
Stabbed Friend's Neck In Heat Of Moment: Gauhati High Court Alters Murder Conviction To Culpable Homicide U/S 304 IPC
1 year, 9 months ago

Stabbed Friend's Neck In Heat Of Moment: Gauhati High Court Alters Murder Conviction To Culpable Homicide U/S 304 IPC

Live Law  

The Gauhati High Court recently altered the murder conviction of a man who stabbed his friend in the neck, to that of culpable homicide not amounting to murder on the ground that there was no evidence to show that the offence was committed with an intention or motive to kill the deceased. While setting aside the conviction of the appellant …

Murder Court Culpable Homicide Ipc Neck Deceased Appellant
If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court
1 year, 9 months ago

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court

Live Law  

The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively. The Sessions Court in terms of its order dated 09.12.2010, convicted the petitioners herein and sentenced …

Life Court Ipc Term Kar Sentence Petitioners
Complete Supreme Court Yearly Digest Part-3
1 year, 10 months ago

Complete Supreme Court Yearly Digest Part-3

Live Law  

Code of Criminal Procedure 1973 Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the …

India Karnataka Kerala Delhi Supreme Court High Court Bihar
Madras HC Reduces Life Sentence Given to Woman, Who Set Ablaze Her Minor Daughter, to 10 Years in Jail
1 year, 11 months ago

Madras HC Reduces Life Sentence Given to Woman, Who Set Ablaze Her Minor Daughter, to 10 Years in Jail

News 18  

The Madras High Court recently commuted the life sentence awarded to a woman who had been convicted for setting her 13-year-old daughter on fire to 10 years in jail. The division bench reasoned that from the facts of the case, it appeared that the incident happened as a result of a quarrel between the mother and the daughter over the …

Court Victim Mother Ipc 10 Years Section 302 Sentence Given
Madras HC reduces life sentence of woman who set her daughter on fire
1 year, 11 months ago

Madras HC reduces life sentence of woman who set her daughter on fire

Op India  

The Madras High Court recently reduced the life sentence given to a woman who was convicted by a Mahila court for killing her 13-year-old daughter by setting her on fire while she was asleep, using kerosene. The court overturned the trial court’s decision that found her guilty of murder under Section 302 of the Indian Penal Code and instead ruled …

Court Ipc Her Daughter Life Sentence Section 302 Rajeshwari Mariselvi
Sultanpuri accident case: Murder charges added against 7 suspects
1 year, 11 months ago

Sultanpuri accident case: Murder charges added against 7 suspects

Hindustan Times  

The Delhi Police have added murder charges under section 302 of the Indian Penal Code to the first information report registered in the gruesome death of a 20-year-old woman in the Sultanpuri drag and murder case, a police spokesperson said on Tuesday. Police said they added murder charges after collecting “physical, oral, forensic and other scientific evidence.” Under section 304, …

Murder Car Men Charges Fir Added Kumari