Criminal Procedure Code, 1973 — S. 439 — Bail
In this case of brutal murder of appellant complainant’s husband by tying him with rope to gate and then beating him by pipe and belt, leading to his death, bail…
Penal Code, 1860 — Ss. 302 and 302/34 or S. 326 [S. 300 Thirdly]
Causing injury(ies) to vital part of body which injury(ies) were the actual cause of death: In this case, death occurred six days after the injury(ies) were inflicted. It was held that…
Penal Code, 1860 — S. 498-A
In this case, victim immolating herself in her matrimonial home leading to her death in hospital. Concurrent findings of facts recorded by both courts below on harassment and/or torture and/or…
Penal Code, 1860 — S. 304 Pt. II and S. 300 Exceptions 2 and 4
In this case of culpable homicide not amounting to murder, there was no pre-meditation or pre-planning and incident was result of sudden quarrel in which accused exercised his right of…
Penal Code, 1860 — Ss. 302, 376, 364, 366-A and 201 — Rape and murder of 5 yr old girl by strangulation
Low age of victim cannot be considered as only or sufficient factor by Supreme Court for imposing death sentence. (para 35) Sentences awarded to appellant under Ss. 376, 364, 366-A…
Criminal Law — Public Accountability, Vigilance and Prevention of Corruption — Punishment for Erring Official(s) for Delay/laches in filing appea
There was a delay of one year apart from 90 day’s delay in filing SLP where more than Rs 5 crores involved, authorities, held, must recover it from the officer(s)…
Criminal Procedure Code, 1973 — Ss. 218 to 223(a) to (g) and S. 223 proviso — Trial whether to be joint or separate
Charging accused and trying them together is warranted under sec 218 but held, there are exceptions to this rule in Ss 219 to 221 and thus if a person falls…
Penal Code, 1860 — Ss. 141, 142 and 149 and Ss. 302/149 part of unlawful assembly
Mere fact that appellant was not brave enough to conceal where victim was hiding did not make him a part of the unlawful assembly that had the common object to…
Penal Code, 1860 — S. 306 r/w Ss. 107 and 34 — What is abetment of suicide
The essence of abetment lies in instigating a person to do a thing or the intentional doing of that thing by an act or illegal omission. Held, instigation, can be…
Criminal Procedure Code, 1973- S24, 25 and 25A- Government Law Officers/Counsel/Pleader/Public Prosecutor/Advocate General
Post of Assistant Public Prosecutor was to be made by direct recruitment on basis of competitive examination followed by viva voce test. Held, impugned judgment confirming order of Tribunal holding…