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Landmark Judgments and Articles on Law

When court should convert conviction from S 302 of IPC to S 304 of IPC?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.361 OF 2016 Appellant : Suresh s/o Sadhuji Ghogre, Aged about 60 years, Occu. Electrician, R/o Dasara Road, Gondhilipura,Near the House of Rajaram Admane, Nagpur. Presently lodged at Central Prison, Nagpur. —…

Landmark Judgment of Supreme court on Re-examination of witness

IN THE SUPREME COURT OF INDIA Crl.A. No. 61 of 1999 with Crl.A. No. 33 of 1999 Decided On: 21.09.1999 Rammi Alias Rameshwar Vs. State of Madhya Pradesh Hon’ble Judges/Coram:K.T. Thomas and A.P. Misra, JJ. Citation: AIR 1999 SC 3544 1. A manslaughter in an…

When property seized from accused be returned to him after his acquittal?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 155 of 1973 Decided On: 07.08.1979 N. Madhavan Vs. State of Kerala Hon’ble Judges/Coram: O. Chinnappa Reddy, P.N. Singhal and R.S. Sarkaria, JJ. Citation: (1979) 4 SCC 1 1. Appellant before us was tried by the…

What are powers and duties of appellate court while hearing appeal against acquittal?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1022 of 2011 Decided On: 01.06.2018 Jayaswamy Vs. State of Karnataka Hon’ble Judges/Coram: L. Nageswara Rao and Mohan M. Shantanagoudar, JJ. Citation: (2018) 7 SCC 219 1. By the impugned judgment dated 12.08.2010 in Criminal Appeal…

Accused acquitted of offence under Section 302 convicted under Section 201 IPC on abject failure to offer any explanation about their conduct

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1617 OF 2011 Asar Mohammad and Ors. …..Appellant(s) :Versus: The State of U.P. ….Respondent(s) J U D G M E N T A.M. Khanwilkar, J. 1. This appeal emanates from the judgment and…

Benefit of Doubt, Acquitted in Sections 498A/Section 302 IPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 919 OF 2013 JOSE @ PAPPACHAN …APPELLANT VERSUS THE SUB-INSPECTOR OF POLICE,KOYILANDY ANOTHER …RESPONDENTS J U D G M E N T AMITAVA ROY, J. The appellant stands sequentially convicted by the both…

Vague and cryptic allegations – 498a Conviction reversed

IN TH SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 963/2018 (arising out of Special Leave Petition (Crl.) No.9142/2016) SOW. CHHAYA …..Appellant Versus THE STATE OF MAHARASHTRA …..Respondents JUDGMENT MOHAN M. SHANTANAGOUDAR, J. Leave granted. 2. This appeal is presented by the convicted…

Whether court can rely on confession recorded by magistrate if he is not examined as witness?

Supreme Court of India Madi Ganga vs State Of Orissa on 19 February, 1981 Equivalent citations: AIR 1981 SC 1165, 1981 CriLJ 628, (1981) 2 SCC 224, 1981 (13) UJ 503 SC Bench: B Islam, O C Reddy JUDGMENT O. Chinnappa Reddy, J. 1. The…

Adding allegations later not during investigations are Contradictory

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.70 OF 2002 State, represented by Inspector of Police, Tamilnadu …Appellant Versus Sait @ Krishnakumar …Respondent JUDGMENT Dr. ARIJIT PASAYAT,J. 1. Heard learned counsel for the parties. 2. Challenge in this appeal is to…

Rape accused acquitted in light of the case falling in arena of ‘suspicion’ and no evidence

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.872 OF 2010 ALONG WITH CRIMINAL APPLICATION NO.416 OF 2018 Sandip Ramesh Gaikwad. ] Age – 31 years, Occupation – Fishing, ] R/at – Sudam Zopdi, Lala Nigam Road, ] Colaba, Mumbai…


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