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Landmark Judgments and Articles on Law

Whether accused can be Prosecuted for abetment of suicide if suicide note bears his name?

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH) Criminal Writ Petition No. 164 of 2018 Decided On: 30.01.2019 Gulab Vs. The State of Maharashtra and Ors. Hon’ble Judges/Coram: S.S. Shinde and R.G. Avachat, JJ. 1. Rule. Rule made returnable forthwith. With the consent of learned…

SC : HC cannot quash Criminal Proceedings u/d.482 on the basis of its Assessment of S.161 CrPC Statements

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.232 of 2020 (Arising out of S.L.P. (Crl.) No.1174 of 2017) RAJEEV KOURAV…. Appellants Versus BAISAHAB AND ORS.…. Respondent (s) JUDGMENT L. NAGESWARA RAO, J. 1. The above Appeal is filed against the judgment…

498a acquital : Neighbours and Panchayatdars not examined

Andhra High Court P. Vasu And Anr. vs State Of A.P. on 2 August, 2004 Equivalent citations: I (2005) DMC 753 Bench: P Narayana JUDGMENT P.S. Narayana, J. 1. A1 and A3 in Sessions Case No. 462 of 1996 on the file of Sessions Judge,…

Abetment involves a Mental routine of Instigating a chairman or Intentionally helping a Person in doing of a Thing

THE HIGH COURT OF MADHYA PRADESH MCRC No.3107/2018 Mayank Sharma & Ors. vs. State of M.P. & Anr. Gwalior, Dated : 06.12.2018 Shri Anshu Gupta, Counsel for a applicants. Shri B.P.S. Chauhan, Public Prosecutor for a respondent No.1/State. Shri Pawan Devnani, Counsel for a respondent…

Discharge Plea Cannot Be dismissed just Because HC Had Earlier Refused To Quash Criminal Proceedings

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1614 OF 2019 (ARISING OUT OF SLP(CRL.) NO.4091 OF 2019)   HARISH DAHIYA @ HARISH & ANR. APPELLANT(S) VERSUS THE STATE OF PUNJAB & ORS. RESPONDENT(S) O R D E R Leave granted. The…

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 93 of 2019 (Arising out of SLP (Crl.) No.8667 of 2016) RAJESH …. Appellant(s) Versus STATE OF HARYANA ….Respondent(s) JUDGMENT L. NAGESWARA RAO, J. Leave granted. 1. The Appellant was convicted under Section…

Whether a woman can be prosecuted for abetment of suicide of her husband if she has phone sex with friend of husband?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.57 OF 2018 WITH CRIMINAL APPLICATION NO.435 OF 2018 IN CRIMINAL REVISION APPLICATION NO.57 OF 2018 Anagha Hitesh Arya Vs. The State of Maharashtra CORAM: Mrs.MRIDULA BHATKAR, J. Dated: DECEMBER 14,…

Husband clear in Sections 306 and 498A formed on noxious evidence

SUPREME COURT OF INDIA Bench: JUSTICES G.B. Pattanaik and Shivaraj V. Patil State of Haryana Vs. Jasvinder Singh and Ors. On 28 Mar 2000 JUDGEMENT 1. This interest is by a State of Haryana opposite an sequence of exculpation available by a High Court of…

No iota of element of evidence, clear in 498a and 306 IPC

Supreme Court of India State Of Maharashtra vs Ashok Narayan Dandalwar on 27 April, 2000 Equivalent citations: 2000 CriLJ 4993, JT 2000 (7) SC 468, (2000) 9 SCC 257 Bench: G Pattanaik, S Variava JUDGMENT JUDGEMENT 1. This interest is destined opposite an sequence of…

Clear mens rea to commit the offence is a sine qua non for conviction under Section 306 IPC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 293 OF 2013 Pramod Shriram Telgote, aged about 49 years, Occupation Service in ADCC Bank, Akola as Senior Inspector, R/o Ranpise Nagar, Akola, Tq.and District Akola. … APPLICANT VERSUS 1….

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