Indian Penal Code, 1860; Section 149, 302 – An overt act of some of the accused persons of an unlawful assembly with the common object to kill the deceased and to cause grievous hurt to the other family members is enough to rope in all of them for an offence under Section 302 IPC in …
Summary – Appeal against concurrent murder conviction – Prosecution relied upon the recovery of the alleged weapon of offence at the instance of the appellant and the fact that the appellant disclosed the place where he had thrown the dead bodies – the recovery was allegedly made one month and four days after the occurrence …
Krishan vs State of Haryana 2024 INSC 60 – Murder Accused Acquitted- Recovery Of Weapons Read More »
Criminal Trial – Circumstantial Evidence – Sharad Birdhichand Sarda vs. State of Maharashtra (1984) 4 SCC 116=1984 INSC 121 – the circumstances from which the conclusion of the guilt is to be drawn should be fully established – The accused ‘must be’ and not merely ‘may be’ proved guilty before a court can convict the …
Criminal Trial – S 302 IPC – For trial under Section 302 IPC, if a witness is branded as untrustworthy having allegedly twisted the facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness. When there is an effort to falsely implicate one accused …
Criminal Trial – Circumstantial Evidence – While the principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused, in the present case the evidence adduced gives rise to doubts, improbabilities and inconsistencies – Referred to Pritinder Singh v. State of Punjab, (2023) 7 SCC …
Criminal Trial – Code of Criminal Procedure, 1973 ; Section 161 – If the PWs had failed to mention in their statements u/s 161 CrPC about the involvement of an accused, their subsequent statement before court during trial regarding involvement of that particular accused cannot be relied upon. Prosecution cannot seek to prove a fact …
Indian Penal Code, 1860 ; Section 364A – In order to make out an offence under Section 364 A, three conditions must be met: A) There should be a kidnapping or abduction of a person or a person is to be kept in detention after such kidnapping or abduction; B) There is a threat to …
Criminal Trial – Death by poisoning – Where the deceased dies as a result of poisoning, it is difficult to successfully isolate the poison and recognise it. Lack of positive evidence in this respect would not result in throwing out the entire prosecution case, if the other circumstances clearly point out the guilt of the …
Buddhadeb Saha vs State of West Bengal 2023 INSC 1084 – Death By Poisoning Read More »
Code of Criminal Procedure, 1973; Section 378,386 – When an Appellate Court deals with an appeal against an order of acquittal, it is no doubt true that the Appellate Court has to re-appreciate the evidence of the prosecution witnesses. After reappreciating the evidence on record, the Appellate Court has to examine whether the Court which …
Criminal Trial – Conviction has to be based on the evidence which proves the accused guilty beyond reasonable doubt. (Para 14) Criminal Trial – A sole eyewitness, happens to be the most interested witness being the father of the deceased and having long enmity with the group to which the accused persons belong, therefore, his …
Chhote Lal vs Rohtash 2023 INSC 1072 – Criminal Trial – Interested Witness Read More »