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…
Penal Code, 1860 — S. 376 — Rape
Principles summarised regarding when conviction of accused on sole testimony of victim/prosecutrix, with or without corroboration is warranted. Held, prosecutrix fully supported case of prosecution and was consistent right from very…
Penal Code, 1860 — Ss. 302/149 or Ss. 326/149 and Ss. 325/149, 324/149, 323/149 and 147
In this case of altercation leading to assault by 21 accused (including appellants herein) using deadly weapons resulting in death of one and injuries to others, fatal injury on deceased…
Penal Code, 1860 — Ss. 304-A and 279 — Motor Vehicles Act, 1988, Ss. 3/181- Rash and negligent driving resulting in death of one person — When Lenient view and reduction of sentence is warranted
In this case, It was a rash and negligent act as there was no allegation against appellant-accused that at the time of accident, he was under influence of liquor or…
Penal Code, 1860 — S. 364-A — Kidnapping for ransom — Necessity to prove each and every ingredient prescribed in S. 364-A
All conditions as enumerated in S. 364-A must be fulfilled before recording conviction under S. 364-A. First essential condition, held, must mandatorily be established with at least any one of…
Death due to gunshot injury and injuries by knife /sharp weapon and the same is supported by medical evidence. Conviction of three accused persons under Ss. 302/34
held, The prosecution has been successful in proving the motive. There was a prior long-time enmity between the deceased and the accused A-1. The defense has failed to prove any…
Penal Code, 1860 — S. 302 or S. 304 — Murder or culpable homicide — Action of accused having pushed down the deceased and thereafter standing on his abdomen and pushing down with crushing action and death due to septicaemia:
There is no absolute proposition of law that in all cases where the deceased died due to septicaemia, the case would fall under S. 304. The same has to be…
Penal Code, 1860 — S. 302 and S. 53 Imposition of sentence of life imprisonment by trial court with direction that it shall be for remainder of natural life not permissible but after looking into the entire case, this court upheld the conviction under sec 302
The power of imposing a fixed term of imprisonment, or for the remainder of natural term of life of convict is available only to High Court and Supreme Court, and…
Nature of liability under sec 34 of Indian Penal Code 1860
Does it create substantive offence-Section 34 has been enacted on the principle of joint liability in the doing of a criminal act – Held that Section 34 is not a substantive…
Blows inflicted by Respondent with intention to kill deceased to fall under which sec – Sec 302 or S 304 or S 326 , S 300 Exceptions 1 and 2 and S 148
The finding of fact is that the act was done by the accused with the knowledge that it is likely to cause death, and with the intention to kill the…