Elucidate the credibility of Defence evidence is a murder trial ?

Undoubtedly it is for the prosecution to prove beyond reasonable doubt that the accused had committed the offence with the requisite mens rea. Once that is done a presumption that the accused was sane when he committed the offence would arise. This presumption is rebuttable and he can rebut it either by leading evidence or by relying upon the prosecution evidence itself.

Netaji Achyut Shinde (Patil) & Anr. Vs. State of Maharashtra-23/03/2021

A cryptic phone call without complete information or containing part-information about the commission of a cognizable offence cannot always be treated as an FIR. This proposition has been accepted by this Court in T.T. Antony v. State of Kerala-5 and Damodar v. State of Rajasthan-6. A mere message or a telephonic message which does not clearly specify the offence, cannot be treated as an FIR.

Human hand mannual Strangulation (throttling), Suicide by hanging and ligature mark explained by SC

“ligature mark brown coloured encircling whole of neck measuring 39 cms, all round the neck, ½ cms. on the sides and back and 2 cms. in the front of the neck anteriorly placed on the thyroid cartilage horizontally, margins were irregular, echymosed and base of ligature was dry and parchment like and membranous. On cut Section there were multiple echymotic spots on subcutaneous tissue and muscles. Thyroid cartilages was broken cricoid cartilage was also broken

How to prove a criminal case based on circumstantial evidences

Evidence Act, 1872—Circumstantial evidence—Onus is on the prosecution to prove that chain is complete—There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.

Emperor vs Khudiram Bose-13/06/1908

The accused is not a mere youth but a young man who has attained the age fixed for majority in this country. The crime was not committed at the instigation of older men present on the spot. For twenty days the accused and his companion had been in Mozufferpore watching for an opportunity to commit the crime, and when they thought the opportunity offered itself they carried it out with deliberation and determination after first taking precautions to avoid detection and secure escape. It is impossible to treat the accused as a young man who did not know fully well the serious nature of the crime he was committing.

State of Rajasthan vs Mehram & Ors-06/05/2020

QUANTUM OF PUNISHMENT-The learned counsel for the accused No. 5 was at pains to persuade us that the said accused is now about 70/­75 years of age and at this distance of time, it may not be appropriate to send him back to jail. Taking overall view of the matter, we are not impressed by this submission. Even in case of offence under Section 326, IPC, which commended to the High Court, the same was punishable with imprisonment for life or with imprisonment of either description which may extend to ten years and also liable to fine. Had it been a conviction under Section 326, as aforesaid, the sentence of only about five months in the facts of the present case, by no stretch of imagination, was adequate.

Quick consideration of mercy petition and swift rejection the same cannot be ground for judicial review: SC on rejecting a petition by Nirbhya Rape-Murder Accused

Mukesh Kumar vs UOI-Article 32 of the Constitution-a death-row convict -The petitioner has filed the writ petition challenging the rejection of his mercy petition by the President of India and seeking commutation of his death sentence inter alia on the following grounds

Khushal Rao Versus State of Bombay-25/09/1957

Though under Section 133 of the Evidence Act, it is not illegal to convict a person on the uncorroborated testimony of an accomplice, illustration (b) to Section 114 of the Act, lays down as a rule of prudence based on experience, that an accomplice is unworthy of credit unless his evidence is corroborated in material particulars and this has now been accepted as a rule of law.

Dalip Singh and others Versus State of Punjab-12/01/1979

Although a dying declaration recorded by a Police Officer during the course of the investigation is admissible under Section 32 of the Indian Evidence Act is view of the exception provided in sub section (2) of Section 162 of the Code of Criminal Procedure, 1973, it is better to leave such dying declarations out of consideration until and unless the prosecution satisfies the court as to why it was not recorded by a Magistrate or by a Doctor.

State of Madhya Pradesh Vs. Amar Lal-10/12/2019

Acquittal-It appears from the records that the respondent as under trial had undergone 2 years 8 months 11 days of custody and after his conviction on 24.01.1995 by the Sessions Judge he remained incustody till 18.11.2006 completing 11 years 9 months 26 days. Thus, he has undergone total custody of 14 years 6 months 7 days.