(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; […]
A witness can be graded as reliable, unreliable, neither wholly reliable nor wholly unreliable and consequences shall be followed accordingly
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 […]
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.
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, […]
“(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 […]
(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 […]
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’.
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 […]
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 […]
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 […]
KEYWORD”- MURDER WHILE IN PAROLE- MURDER- AIR 1997 SC 2598 : (1997) 3 SCR 1156 : (2000) 10 SCC 451 : JT 1997 (5) SC 129 : (1997) 3 SCALE 753 : […]
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 […]
MURDER-DISTINCTION BETWEEN MURDER AND CULPABLE HOMICIDE EXPLAINED-Section 300 of the IPC explains what is murder and it provides that culpable homicide is murder if the act by which the death is caused is done with the intention of causing death or the act complained of is so imminently dangerous that it must in all probability cause death or “such bodily injury as is likely to cause death.
KEYWORDS:- DOWRY DEATH- MURDER-RE APPRECIATION OF EVIDENCE BY SUPREME COURT-Circumstantial evidence- DATE:-May 01, 2018 THE ACCUSED MUST EXPLAIN THE CIRCUMSTANCES U/S 313 “When the incident admittedly occurred in their house” It is […]
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 […]
KEYWORDS:-MURDER- CONVICTION-suspension of sentence pending appeal-BAIL DATE:- 12-05-2008. Initial presumption of innocence in favour of the accused, therefore, is no more available to the applicant. The mere fact that during the period […]
KEYWORDS:-MURDER-ACQUITTAL- DATE:-24-11-1961 AIR 1962 SC 605 : (1962) 1 Suppl. SCR 567 : (1962) 1 CriLJ SC 521 (SUPREME COURT OF INDIA) K. M. Nanavati Appellant Versus State of Maharashtra Respondent (Before […]
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 […]
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 […]