Murder Conviction upheld-accused failed to explain presence of blood on his clothes and recovery on his instance

01-10-2018- The High Court has rightly held that motive stood established because of the grudge that the appellant nursed against his father with regard to agricultural lands. The evidence of PW-2 and PW-8 cumulatively established that the appellant had gone to the agricultural fields where the deceased had gone at night. The lands of PW-8… Read More Murder Conviction upheld-accused failed to explain presence of blood on his clothes and recovery on his instance

Whether facts of last seen together by itself lead to inference that the accused committed the murder

The circumstance of last seen together does not by itself and necessarily lead to the inference that it was the accused who committed the crime. There must be something more establishing connectivity between the accused and the crime. There may be cases where on account of close proximity of place and time between the event of the accused having been last seen with the deceased and the factum of death a rational mind may be persuaded to reach an irresistible conclusion that either the accused should explain how and in what circumstances the victim suffered the death or should own the liability for the homicide. In the present case there is no such proximity of time and place… Read More Whether facts of last seen together by itself lead to inference that the accused committed the murder

Police officer got seven years of enhanced punishment for killing by using Third Degree

In the facts and circumstances of this case’ the punishment of three year imprisonment imposed by the Trial Court under Section 330 of IPC’ would be grossly insufficient and disproportional. We deem it appropriate to increase the term of sentence to maximum imposable period under Section 330 of IPC i.e.’ seven years of rigorous imprisonment’… Read More Police officer got seven years of enhanced punishment for killing by using Third Degree

State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]

KEYWORDS:-Murder acquittal (2011) 13 SCALE 140 (SUPREME COURT OF INDIA) State of Rajasthan Appellant Versus Shera Ram @ Vishnu Dutta Respondent (Before : Swatanter Kumar and Ranjana Prakash Desai, JJ.) Criminal Appeal No. 1502 of 2005 : Decided On: 01-12-2011 Criminal Procedure Code, 1973—Sections 374 and 378—Appeal—There is very thin but fine distinction between appeal… Read More State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]

Govindaswamy v. State of Kerala [ ALL SC 2016 SEPTEMBER]

KEYWORDS:-RAPE AND MURDER-INTENTION-VICTIM NOT DIED INSTANTLY DATE: September 15, 2016 To hold that the accused is liable under Section 302 IPC what is required is an intention to cause death or knowledge that the act of the accused is likely to cause death. The intention of the accused in keeping the deceased in a supine position,… Read More Govindaswamy v. State of Kerala [ ALL SC 2016 SEPTEMBER]

Gurwinder Singh @ Sonu Etc. Vs. State of Punjab and ANR [ALL SC 2018 MAY]

KEYWORD: MURDER CONVICTION DATE: May 08, 2018 ACTS: Section 304 Part-I IPC HELD: “the deceased sustained head injuries with multiple fractures, right fronto temporal and temporo parietal region infarct in the right fronto temporo parietal region of the brain, haemorrhagic contusions in bilateral temporal region and right parietal region. The weapon used in the manner in which… Read More Gurwinder Singh @ Sonu Etc. Vs. State of Punjab and ANR [ALL SC 2018 MAY]

Issac @ Kishor Vs. Ronald Cheriyan and Ors.[SC 2018 January]

KEYWORDS:-Setting aside  acquittal-302 IPC -MURDER-High Court in interfering with a finding of acquittal in revision- DATE:- January 23, 2018 In appeal against acquittal, in exceptional circumstances, the High Court may set aside the order of acquittal even at the instance of private parties, though the State may not have thought it fit for appeal. But it… Read More Issac @ Kishor Vs. Ronald Cheriyan and Ors.[SC 2018 January]

Atul Thakur Vs. State of Himachal Pradesh etc [SC 2018 JANUARY]

KEYWORDS:-MURDER-The number of wounds caused by the appellant, it is a well established position, by itself cannot be a decisive factor. DATE:- January 19, 2018. Thus, it is a case of homicidal death. However, there is no evidence that the injuries inflicted by the appellant were with an intention to cause the murder of Hitesh Thakur.… Read More Atul Thakur Vs. State of Himachal Pradesh etc [SC 2018 JANUARY]

Dinubhai Boghabhai Solanki Vs. State of Gujarat & Ors[SC 2017]

KEYWORDS- Murder-de novo trial-Rights of victim in criminal trial There is a discernible paradigm shift in the criminal justice system in India which keeps in mind the interests of victims as well. Victim oriented policies are introduced giving better role to the victims of crime in criminal trials. It has led to adopting two-pronged strategy.… Read More Dinubhai Boghabhai Solanki Vs. State of Gujarat & Ors[SC 2017]