Tag: MURDER

CIVIL

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 as follows in Dahyabhai Chhaganbhai Thakkar v. State of Gujarat, (1964) 7 SCR 361 : “(1) The prosecution must prove beyond reasonable doubt that the … Continue reading The doctrine of burden of proof in the context of the plea of insanity is on prosecution

Advocatetanmoy
CIVIL

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 : V. D. Tulzapurkar, V. Balakrishna Eradi And D. P. Madon, JJ.) Criminal Appeal No. 418 of 1982 , Decided on : 30-09-1983. Penal Code, … Continue reading Ranjit Singh Versus Union Territory of Chandigarh [ALL SC 1983 SEPTEMBER]

Advocatetanmoy
CIVIL

Krishan Appellant Versus State of Haryana[ ALL SC 1997 MAY]

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 : (1997) CriLJ SC 3180 (SUPREME COURT OF INDIA) Krishan Appellant Versus State of Haryana Respondent (Before: M. K. Mukherjee And K. Venkataswami, JJ.) Criminal Appeal No. 91 of 1997, Decided on: 01-05-1997. Death … Continue reading Krishan Appellant Versus State of Haryana[ ALL SC 1997 MAY]

Advocatetanmoy
Criminal

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 of offence for which he is charged. ACTS:- Sections 364 and … Continue reading Murugan Vs. State of Tamil Nadu[ALL SC 2018 MAY]

Advocatetanmoy
CIVIL

Tularam Vs. State of Madhya Pradesh[ALL SC 2018 MAY]

KEYWORDS:-MURDER-DISTINCTION BETWEEN MURDER AND CULPABLE HOMICIDE EXPLAINED DATE:-May 2, 2018 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 … Continue reading Tularam Vs. State of Madhya Pradesh[ALL SC 2018 MAY]

Advocatetanmoy
CIVIL

Chandra Bhawan Singh Vs. State of Uttar Pradesh[ALL SC 2018 MAY]

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 a settled principle of law that when the Courts below have recorded concurrent findings against the accused persons which are based on due appreciation of evidence, this Court under Article 136  of the … Continue reading Chandra Bhawan Singh Vs. State of Uttar Pradesh[ALL SC 2018 MAY]

Advocatetanmoy
CIVIL

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 last seen theory as a facet of circumstantial evidence. Succinctly … Continue reading Satpal Vs. State of Haryana[ALL SC 2018 MAY]

Advocatetanmoy
CIVIL

Sidhartha Vashisht alias Manu Sharma Versus State (NCT of Delhi)[ALL SC 2008 MAY]

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 of trial, the accused was on bail and there was no misuse of liberty, does not per se warrant suspension of execution of sentence and grant of bail. What really necessary is to … Continue reading Sidhartha Vashisht alias Manu Sharma Versus State (NCT of Delhi)[ALL SC 2008 MAY]

Advocatetanmoy
CIVIL

K. M. Nanavati Appellant Versus State of Maharashtra[ALL SC 1961 NOVEMBER]

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 : S. K. Das, K. Subba Rao And Raghubar Dayal, JJ.) Criminal Appeal No. 195 of 1960, Decided on : 24-11-1961. Penal Code, 1860—Section 300—Exception I—Grave and sudden provocation—Application of principle—Test for determination. … Continue reading K. M. Nanavati Appellant Versus State of Maharashtra[ALL SC 1961 NOVEMBER]

Advocatetanmoy
CIVIL

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 of Bihar [Criminal Appeal No. 904 of 2012] Mohan M. … Continue reading Kameshwar Singh Vs. State of Bihar & Ors[ALLSC 2018 APRIL]

Advocatetanmoy