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, […]
The concept of rarest of the rare cases
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 : […]
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 […]
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 […]
