Dr. Pankaj Kumudchandra Phadnis Vs. Union of India Ministry of Law and Justice-Criminal cases which result in conviction and even execution of death sentences and the demise of those who have served life sentences ought not to be reviewed, neither is there a provision in law for review.
Tag: MURDER
Murder (Abolition of Death Penalty) Act 1965
An Act to abolish capital punishment in the case of persons convicted in Great Britain of murder or convicted of murder or a corresponding offence by court-martial and, in connection therewith, to make further provision for the punishment of persons so convicted.
Stephen Lawrence Murder Inquiry Report presented to UK Parliament February 1999
Descriptions of the murder of Stephen Lawrence have been given in thousands of
newspapers and television programmes since his horrific death on 22 April 1993. The
whole incident which led to his murder probably lasted no more than 15-20 seconds.
A map and aerial photographs of the area are reproduced at the end of this Report.
Indian Supreme Court on Murder Cases
Supreme Court opinions on Murder Cases before it ..Facts ..Trial.. Evidence.. Punishment.. Aggravated and Mitigating circumstance .. Conversion of Death sentence to Life sentence ..Appeal against conviction and acquittal ..Revision ..Writ..Review.. Curative petition.. Bail granted , rejected and cancelled..Constitutional challenge..Rarest of the rare doctrine ..Law and order cases..Political assassination .. Terror attack ..Murder with rape... Claim of Juvenility..
Difference between Murder and Manslaughter under the USA Law
(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt…
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Guman Singh Vs. State of Rajasthan – 24/5/2019
A witness can be graded as reliable, unreliable, neither wholly reliable nor wholly unreliable and consequences shall be followed accordingly
Section 300 of Indian Penal Code: When Killing is not Murder
300. Murder.—Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or— (Secondly) —If it is done with the intention of causing such…
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Mani Vs. State of Kerala and Others-1/4/2019
Offence of Murder - In view of sudden fight without any premeditation, the conviction of the appellant for an offence under Section 302 is not made out. The cause of death of the deceased is knife blow on the chest of the deceased-Soman. Such injury is with the knowledge that such injury is likely to cause death, but without any intention to cause death. Thus, the death of Soman is a culpable homicide not amounting to murder as the death has occurred in heat of passion upon a sudden quarrel falling within Exception 4 of Section 300 of IPC. Therefore, it is an offence punishable under Section 304 Part I, IPC.
The concept of rarest of the rare cases
In Machhi Singh and others v. State of Punjab, (1983) 3 SCC 470 a three-Judge Bench has explained the concept of rarest of the rare cases by stating that: (SCC p. 487, para 32) "32. The reasons why the community…
Machhi Singh case (1983) 3 SCC 470, SCC p. 489, para 39
"(a) Is there something uncommon about the crime which renders sentence of imprisonment for life inadequate and calls for a death sentence? (b) Are the circumstances of the crime such that there is no alternative but to impose death sentence…
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Bachan Singh case (1980) 2 SCC 684
(i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability. (ii) Before opting for the death penalty the circumstances of the "offender" also require to be taken into consideration along with the circumstances…
In the scheme of the IPC culpable homicide is genus and ‘murder’ its species
All `murder' is `culpable homicide' but not vice-versa. Speaking generally, `culpable homicide' sans 'special characteristics of murder is culpable homicide not amounting to murder'. For the purpose of fixing punishment, proportionate to the gravity of the generic offence, the IPC practically recognizes three degrees of culpable homicide. The first is, what may be called, `culpable homicide of the first degree'. This is the gravest form of culpable homicide, which is defined in Section 300 as `murder'.
Guilty of murder or culpable homicide not amounting to murder discussed by SC
What needs to be decided now is what offence has A2 committed. A2 has inflicted one stab wound on the deceased with a penknife after an altercation between the two sides. The blow landed on the chest, a vital part…
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The doctrine of burden of proof in the context of the plea of insanity is on prosecution
Law undoubtedly presumes that every person committing an offence is sane and liable for his acts, though in specified circumstances it may be rebuttable. The doctrine of burden of proof in the context of the plea of insanity was stated…
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Ranjit Singh Versus Union Territory of Chandigarh [ALL SC 1983 SEPTEMBER]
KEYWORDS:- PAROLE - MURDER DURING IN PAROLE AIR 1984 SC 45 : (1984) 1 SCC 31 : (1983) 2 SCALE 539 : (1983) CriLJ SC 1730 (SUPREME COURT OF INDIA) Ranjit Singh Appellant Versus Union Territory of Chandigarh Respondent (Before…
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