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 against conviction and acquittal—There is no substantial difference between appeal … Continue reading State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]

What is a “Rarest of Rare Case”?

Jagmohan Singh v. State of U.P [1973] Bachan Singh v. State of Punjab [1980] Machhi Singh v. State of Punjab [1982] Mithu v. State of Punjab [1983] State ofPunjab v. Harchet Singh [1994]  Mohd. Chamat v. State (NCT of Delhi) [1998] State ofMaharashtra v. Suresh [2000] Ram Deo Chauhan and Another v. State of Assam [2000] Saibanna v. State ofKarnataka [2005] Surendra Pal Shivbalakal v. State … Continue reading What is a “Rarest of Rare Case”?

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, according to P.W. 64, was for the purposes of the … Continue reading 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 the injury was inflicted clearly establish that the appellants intended … Continue reading 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 is to be emphasized that this jurisdiction is to be … Continue reading 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. On the other hand, the evidence clearly establishes that the … Continue reading 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. On the one hand, law now recognises, with the insertion … Continue reading Dinubhai Boghabhai Solanki Vs. State of Gujarat & Ors[SC 2017]

Kailash Gour and Others Vs State of Assam [SC 2011 December]

KEYWORDS : Communal disturbance-Delay- murder acquittal DATE:- 15-12-2011- Every accused is presumed to be innocent unless his guilt is proved. The Presumption of innocence is human right. Subject to the statutory exceptions, the said principle forms the basis of criminal jurisprudence in India. there can only be one set of rules and standards when it comes to trials and judgment in criminal cases unless the statute provides … Continue reading Kailash Gour and Others Vs State of Assam [SC 2011 December]

Ram Chander & Ors.  VS State of Haryana[SC 2017 JANUARY]

KEYWORDS: Murder- Expert Evidence Merely because no expert opinion was obtained to prove as to whether bones recovered were human or animal bones, in our view, would not weaken the case of prosecution in the light of overwhelming evidence available on record to prove the complicity of the appellants Murder-Sections 148, 302 read with Section 149 and 201 of the Indian Penal Code,1860 IN THE … Continue reading Ram Chander & Ors.  VS State of Haryana[SC 2017 JANUARY]