The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 – Any dereliction on their part has to be brought to the notice of the higher authorities by the […]
the prosecution has failed to prove that the complainant and the deceased were carrying Rs.5 lakhs cash in the dicky of the scooter and it was the very looted amount which was recovered from the accused, the accused cannot be convicted on the basis of recovery of some cash. It is required to be considered
S. 392 — Robbery with murder Read More »
Admissibility under S 27, held, is relatable to information pertaining to a fact discovered in consequence of information received from a person in custody, accused of an offence- thus, it incorporates the theory of “confirmation by subsequent facts” facilitating a link to the chain of events. It is therefore for the prosecution to prove that
S. 27 r/w Ss. 24 to 26 — Recovery evidence Read More »
During the course of the investigation, statement of eyewitness – Narender has been recorded. In his statement under Section 161 Cr.P.C., a specific role has been attributed to respondent No. 1 that he caught hold of the deceased and the coaccused Shekhar caused the injury on the neck of the deceased. In the FIR, the
When a claim for juvenility is raised, the burden is on the person raising the claim to satisfy the court to discharge the initial burden. However, the documents mentioned in Rules 12(3)(a)(i), (ii) and (iii) of the JJ Rules, 2007 made under the JJ Act, 2000, or, the documents mentioned in S. 94(2) of the
In this case, appellant-accused herein after sprinkling chilli powder into eyes of deceased, stabbed him with knife on his chest and abdomen, resulting in grievous injuries to him, leading to his death in hospital. Deceased was attacked in broad day light. There is ample ocular evidence corroborated by medical evidence and mere non recovery of
S. 302 — Murder trial Read More »
Principles regarding interference with conviction in revisional jurisdiction in the case of cheating and misappropriation, when permissible. Section 397 CrPC vests jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of
Ss. 409 and 420 r/w S. 120-B — Revisional Jurisdiction in Cheating and misappropriation Read More »
In this case, alleged money transaction between appellant-accused herein and deceased leading to dispute between them, resulting in appellant allegedly murdering deceased using firearm. As the case was based on circumstantial evidence and links in the chain of circumstances were not found established, hence, acquittal of appellant by trial court, restored. Held, while dealing with
Murder trial on circumstantial evidence Read More »
Duty of first appellate court, principles summarized. It is trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable opportunity. Therefore, in our considered view, non adjudication of the
S. 96 — Scope of First appeal Read More »
Or. 1 Rr. 10,1,3 and 9 as to when principle of dominus litis inapplicable: The principle that the plaintiff is the dominus litis shall be applicable only in a case where parties sought to be added as defendants are necessary and / or proper parties and not if parties are not necessary and / or
The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:
The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising.