Category: Criminal

Sadhvi Pragyasingh Chandrapal Singh Thakur NIA Court Order

Accused No.1 Pragyasingh Chandrapalsingh Thakur @ Swami Purna Chetnanand Giri, No.4 Major Ramesh Shivji Upadhyay, No.5 Sameer Sharad Kulkarni, No.6 Ajay @ Raja Eknath Rahirkar, No.9 Lt. Col. Prasad Shrikant Purohit, No.10 Sudhakar Udaybhan Dhar Dwivedi @ Swami Amrutanand Dev Tirth and accused No.11 Sudhakar Onkarnath Chatruvedi are hereby discharged from the offences punishable under sections 3(1)(i), 3(1)(ii), 3(2), 3(4), 3(5) of the Maharashtra Control of Organized Crime Act, 1999. They are also discharged from the offences punishable under section 17, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 as well as offence punishable under section 3, 5 and 25 of Arms Act 1959.

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Mani Vs. State of Kerala and Others

Offence of Murder – In view of sudden fight without any premeditation, the conviction of the appellant for an offence under Section 302 is not made out. The cause of death of the deceased is knife blow on the chest of the deceased-Soman. Such injury is with the knowledge that such injury is likely to cause death, but without any intention to cause death. Thus, the death of Soman is a culpable homicide not amounting to murder as the death has occurred in heat of passion upon a sudden quarrel falling within Exception 4 of Section 300 of IPC. Therefore, it is an offence punishable under Section 304 Part I, IPC.

As between civil and criminal proceedings, the criminal matters should be given precedence.

M.S. SHERIFF Vs. THE STATE OF MADRAS AND OTHERS -The criminal matters should be given precedence. There is some difference of opinion in the High Courts of India on this point. No hard and fast rule can be laid down but we do not consider that the possibility of conflicting decisions in the Civil and Criminal Courts is a relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one Court binding on the other, or even relevant, except for certain limited purposes, such as sentence or damages. The only relevant consideration here is the likelihood of embarrassment – SUPREME COURT [1954]

Sedition

in India where the offence under section 124A of the Penal Code should be construed with reference to the words used in that section. They also added :- “The word ‘sedition’ does […]