Right of the Victim including in private complaint has right to file appeal

In its judgment in Satyapal Singh v. State of M.P. & Ors. [2015 (4) MLJ (Crl.) 219 (SC)], in para 11, it observed as follows:- “The Full Bench of the High Court of Delhi after examining the relevant provisions under Section 2(wa) and proviso to Section 372 of Cr.P.C., in the light of their legislative… Read More Right of the Victim including in private complaint has right to file appeal

Which cases shall be registered as criminal appeals in Supreme Court

Criminal Appeal – Ordinarily, the following cases shall be registered as criminal appeals – (1) appeals by certificate under Articles 132(1) and 134(1)(c) read with Order XX of the Rules; (2) appeal under Article 134(1)(a) and (b) or made any other provision of law under Order XX of the Rules; (3) appeal, upon grant of special leave to… Read More Which cases shall be registered as criminal appeals in Supreme Court

What are powers of the appellate court while dealing with an appeal against an order of acquittal

Supreme Court in Motiram Padu Joshi and Others Vs. State of Maharashtra –Criminal Appeal No. 1479 of 2015 decided on July 10, 2018, held :- From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge: (1)… Read More What are powers of the appellate court while dealing with an appeal against an order of acquittal

When the appellate court should interfere with the order of acquittal

The High Court did not even make any reference to him. It is a settled legal proposition that in exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse i.e. the conclusions of the courts below are contrary to the evidence on record or its entire approach in… Read More When the appellate court should interfere with the order of acquittal

Murugan Vs. State of Tamil Nadu[ALL SC 2018 MAY]

KEYWORDS:- MURDER- CIRCUMSTANTIAL EVIDENCE- DATE:- May 02, 2018 A theory of “accused last seen in the company of the deceased” is a strong circumstance against the accused while appreciating the circumstantial evidence. In such cases, unless the accused is able to explain properly the material circumstances appearing against him, he can be held guilty for commission… Read More Murugan Vs. State of Tamil Nadu[ALL SC 2018 MAY]

Satpal Vs. State of Haryana[ALL SC 2018 MAY]

KEYWORDS:-Last seen theory-MURDER- DATE:-May 01, 2018- LAST SEEN THEORY EXPLAINED: There is no eye witness to the occurrence but only circumstances coupled with the fact of the deceased having been last seen with the appellant. Criminal jurisprudence and the plethora of judicial precedents leave little room for reconsideration of the basic principles for invocation of the… Read More Satpal Vs. State of Haryana[ALL SC 2018 MAY]

Kameshwar Singh Vs. State of Bihar & Ors[ALLSC 2018 APRIL]

KEYWORDS:- MURDER- CONVICTION DATE:- April 9, 2018. ACTS:- Section 302 read with Section 149 and Section 201 of the Indian Penal Code and section 3 of The Railway Protection (Unlawful Possession) Act, 1966 SUPREME COURT OF INDIA Kameshwar Singh Vs. State of Bihar & Ors [Criminal Appeal No. 903 of 2012] Tarkeshwar Singh and Others Vs. State… Read More Kameshwar Singh Vs. State of Bihar & Ors[ALLSC 2018 APRIL]

Sudhakar @ Sudharasan Vs. State represented by The Inspector of Police, Srirangam Police Station, Trichy, Tamil Nadu[ALL SC 2018 MARCH]

KEYWORDS:-MURDER-ACQUITTAL DATE:- March 12, 2018. It is settled law that there cannot be any hard and fast rule that the evidence of interested witness cannot be taken into consideration and they cannot be termed as witnesses. But, the only burden that would be cast upon the Courts in those cases is that the Courts have to… Read More Sudhakar @ Sudharasan Vs. State represented by The Inspector of Police, Srirangam Police Station, Trichy, Tamil Nadu[ALL SC 2018 MARCH]

Pooranlal & ANR. Vs. State of Madhya Pradesh[SC 2017]

Re-appreciation of   evidence SUPREME COURT cannot again indulge in de novo re-appreciate the evidence. It is not permissible unless the findings of the High Court are wholly perverse or against the evidence. SUPREME COURT OF INDIA [Criminal Appeal No.1008 of 2008] BENCH:  [R.K. AGRAWAL]  [ABHAY MANOHAR SAPRE] ACT: Section 304 Part II read with Section 34 of the… Read More Pooranlal & ANR. Vs. State of Madhya Pradesh[SC 2017]