Summary: Trial Judge did not impose death penalty holding that it does not fit in the category of ‘rarest of rare cases’ – High Court imposed death penalty in appeal – Partly allowing appeal, SC observed: Unless the finding recorded by the Trial Judge was found to be perverse or impossible, the High Court ought …
Indian Penal Code,1860; Section 34 [BNS 2023; Section 3(5)]– There cannot be a fixed timeframe for formation of common intention. It is not essential for the perpetrators to have had prior meetings to conspire or make preparations for the crime. Common intention to commit murder can arise even moments before the commission of the act. …
Baljinder Singh @ Ladoo vs State Of Punjab 2024 INSC 738 – S 34,149 IPC – Ss 464 CrPC – Read More »
Indian Penal Code,1860; Section 299-304- Conviction does not depend upon whether the dead body is found, if reliable evidence, direct or circumstantial, of the commission of homicide is established despite the non-tracing of the dead body (Para 30 of Ravikumar J Judgment)- production of a dead body to prove a murder is not necessary in …
Summary: Appeal against concurrent conviction in murder case – Partly allowing appeal, SC noted: the possibility of the offence being committed by the appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out. There is nothing on record to show that the appellants have taken …
Appellant concurrently convicted for murder – Allowing appeal, SC observed: The circumstance of last seen together is a very weak circumstance in the facts of the case. The circumstances brought on record are not conclusive in nature. The circumstances are not consistent only with the hypothesis of the guilt of the appellant- Appellant acquitted.
Indian Penal Code, 1860; Section 306 – to ‘instigate’ means to goad, urge, provoke, incite or encourage to do ‘an act’. To satisfy the requirement of ‘instigation’, it is not necessary that actual words must be used to that effect or that the words or act should necessarily and specifically be suggestive of the consequence. …