Penal Code

Penal Code, 1860 — Ss. 409, 420, 467, 471, 474, 477-A r/w Ss. 109 and 120-B

In this case, scandal alleged as to sale of used tickets/fake tickets/tickets bearing the nomination of higher value in certain buses of Punjab Roadways. There was absence of valid proof as to recovery of tickets and inquiry report submitted by the Enquiry Committee. Resultantly, considering said infirmities, appellant conductors, acquitted. [Jarnail Singh v. State of […]

Penal Code, 1860 — Ss. 409, 420, 467, 471, 474, 477-A r/w Ss. 109 and 120-B Read More »

Penal Code, 1860 — S. 302 r/w S. 149 or S. 304 r/w S. 149 [S. 300 Firstly and Fourthly and Exceptions] — Membership of unlawful assembly and sharing of its common object

When someone who sustained gunshot injuries and profusely bleeding was attacked again and the persons who attempted to come to his rescue were also attacked the only inference that can be drawn from such circumstances is that the common object was to do away with the life of that person. In the facts and circumstances,

Penal Code, 1860 — S. 302 r/w S. 149 or S. 304 r/w S. 149 [S. 300 Firstly and Fourthly and Exceptions] — Membership of unlawful assembly and sharing of its common object Read More »

Penal Code, 1860 — S. 302

In this case of double murder based on circumstantial evidence, links in the chain of circumstances were completely established. High Court, held, has not properly appreciated entire evidence on record. Findings recorded by High Court are perverse. High Court, held, committed grave error in observing that prosecution failed to prove link evidence, which could establish

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S. 302 — Murder trial

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 »

Ss. 409 and 420 r/w S. 120-B — Revisional Jurisdiction in Cheating and misappropriation

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 »

Murder trial on circumstantial evidence

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 »

S. 392 — Robbery with murder

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 »

S. 100 — Right of private defence of body — Circumstances stretching such right to the extent of voluntarily causing death

To claim such a right, the accused must be able to demonstrate that the circumstances were such that there existed a reasonable ground to apprehend that he would suffer grievous hurt that would even cause death. Thus, necessity of averting an impending danger, held, is the core criteria for exercising such a right. In a

S. 100 — Right of private defence of body — Circumstances stretching such right to the extent of voluntarily causing death Read More »

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