Although, mere defects in the investigative process by itself cannot constitute ground for acquittal, it is the legal obligation of the Court to examine carefully in each case the prosecution evidence de hors the lapses committed by the Investigating...
MURDER
In case of multiple Dying Declarations overall facts on record has to be adopted – SC (16/12/2022)
17 min read
Multiple dying declarations-Apex court notices that the present is a case where the second dying declaration has been rejected completely by the High Court. In these circumstances, the cumulative weight of evidence relied upon by the High Court needs...
There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for the offence punishable under Section 302 IPC. Any punishment less than the imprisonment for life for the offence punishable under Section 302 would...
It is more than evident that chain of evidence has many missing and weak links. None of essential ingredients to record conviction in a case of circumstantial evidence and that of poisoning case are made out. Prosecution has thus...
Appellants would be entitled for acquittal under section 302 IPC but would be liable to be convicted under section 304 PartII IPC. Rest of the conviction upheld by the High Court and the sentence for the charges under sections...
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...
It happens at times that the real culprit lodges the first information against known or unknown persons, to misdirect the investigation of an offence
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...
Human hand mannual Strangulation (throttling), Suicide by hanging and ligature mark explained by SC
18 min read
“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...
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...
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...
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...
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