Penal Code, 1860 — S. 302
In this case of double murder based on circumstantial evidence, links in the chain of circumstances were completely established. High Court, held, has not properly appreciated entire evidence on record.…
S. 392 — Robbery with murder
the prosecution has failed to prove that the complainant and the deceased were carrying Rs.5 lakhs cash in the dicky of the scooter and it was the very looted amount…
Ss. 299 and 300 — Determination of Culpable homicide, or, murder
Principles for clarified for determination of culpable homicide, or, murder. Significance of use of the word “likely” in several places in S. 299 and absence thereof in S. 300, explained.…
Murder trial on circumstantial evidence
In this case, alleged money transaction between appellant-accused herein and deceased leading to dispute between them, resulting in appellant allegedly murdering deceased using firearm. As the case was based on…
Ss. 409 and 420 r/w S. 120-B — Revisional Jurisdiction in Cheating and misappropriation
Principles regarding interference with conviction in revisional jurisdiction in the case of cheating and misappropriation, when permissible. Section 397 CrPC vests jurisdiction for the purpose of satisfying itself or himself…
S. 302 — Murder trial
In this case, appellant-accused herein after sprinkling chilli powder into eyes of deceased, stabbed him with knife on his chest and abdomen, resulting in grievous injuries to him, leading to…
S. 100 — Right of private defence of body — Circumstances stretching such right to the extent of voluntarily causing death
To claim such a right, the accused must be able to demonstrate that the circumstances were such that there existed a reasonable ground to apprehend that he would suffer grievous…
Penal Code, 1860 — Ss. 302/120-B and 342/120-B
Conspiracy and membership of appellant in conspiracy to rob and murder shop-owner rich in cash and gold from money-lending business, instigated by his employee along with other co-accused, including appellant,…
Penal Code, 1860 — S. 300 [S. 300 Thirdly] and Ss. 341, 447, 504 and 506 — Determination of Case whether one of murder, when the assault is not made with any weapon, but only by legs and hands
In this case, material clearly established that after deceased fell down with the help of co-accused, accused K kicked and assaulted deceased on his neck with his legs and hands.…
Penal Code, 1860 — S. 34 — Applicability of — When attracted
To attract applicability of S. 34 prosecution is under obligation to establish that there existed common intention which requires prearranged plan. Before a person can be vicariously convicted for criminal…