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Landmark Judgments and Articles on Law

What is importance of intention in determining whether an offence is murder or culpable homicide?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 856 of 2021 MOHD. RAFIQ @ KALLU Vs THE STATE OF MADHYA PRADESH Author: S. RAVINDRA BHAT, J. Dated: September 15, 2021. 1. The appellant is aggrieved by a judgment of the Madhya Pradesh…

Murder Trial – Circumstantial Evidence

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION (HEMANT GUPTA, J.) (A.S. BOPANNA, J.) CRIMINAL APPEAL NO. 1154 OF 2018; August 10, 2021 Parubai vs. The State of Maharashtra For Appellant(s) Mr. Sudhanshu S. Choudhari, AOR Mr. Mahesh P. Shinde, Adv. Ms. Rucha Pande, Adv….

When to Apply under Section 226/227 CrPC.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION NO. 245 of 2021 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE S.H.VORA 1 Whether Reporters of Local Papers may be allowed to see the judgment ? Yes 2 To be referred to the Reporter…

Bombay HC: Procedure to be followed by Court if accused is suffering from mental illness.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 901 BAIL APPLICATION NO.1426 OF 2020 Shankar Sopan Shikare Age : 28 years, occ : agri., R/o Balgavhan, Tal. Jamkhed, District Ahmednagar. Applicant Versus The State of Maharashtra Through Police Station Offcer, Jamkhed Police…

Whether court can convict accused relying on the evidence of related witness?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 316 of 2011 Karulal Vs The State of Madhya Pradesh Hrishikesh Roy, J. Dated: OCTOBER 09, 2020 1. This Appeal has been preferred by 5 accused, namely, Karulal(A-5), Amra(A-6), Kachru(A-7), Suratram(A-8) and Bhagirath(A-9). They…

How to Appreciate evidence if there is variation in the narration of incident by two witnesses or between two statements of the same witness?

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 268 OF 2014 Shyamsundar Vithal Pawle Vs The State of Maharashtra CORAM : S. V. Gangapurwala & M.G. Sewlikar, JJ. PRONOUNCED ON : 11th September, 2020. JUDGMENT : ( PER M….

Whether the court can infer that accused intended to murder deceased if he had given a blow by lathi?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 616 OF 2020 (Arising out of SLP (Crl.) No.7416 of 2018) JUGUT RAM …APPELLANT(S) VERSUS THE STATE OF CHHATTISGARH ..RESPONDENT(S) JUDGMENT NAVIN SINHA, J. Leave granted. 2. The appellant assails his conviction under…

Whether court can convict accused of an offence, U/S 302 read with S 149 of IPC if he was acquitted U/S 302 read with 148 of IPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 120 OF 2008 Md. Ankoos & Ors. …Appellants Versus The Public Prosecutor, High Court of A.P. …Respondent JUDGEMENT R.M. Lodha, J. Five persons were done to death in the intervening night of October…

Whether court can convict accused with the aid of Section 149 of IPC even if it has not framed specific charge U/S 149 of IPC against accused?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 408 of 2007 Decided On: 21.04.2009 Anna Reddy Sambasiva Reddy Vs. State of Andhra Pradesh Hon’ble Judges/Coram: D.K. Jain and R.M. Lodha, JJ. Citation: MANU/SC/0640/2009,(2009) 12 SCC 546, AIR 2009 SC 2661. R.M. Lodha, J. 1….

Whether court can convict accused U/S 302 of IPC if he was charged U/S 302 of IPC read with S 34 of IPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 386 of 1978 Decided On: 29.08.1990 Kishore Chand Vs. State of Himachal Pradesh Hon’ble Judges/Coram: P.B. Sawant and K. Ramaswamy, JJ. Citation: (1991) 1 SCC 286, AIR 1990 SC 2140, MANU/SC/0374/1990 1. The appellant, K.C. Sharma,…

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