Penal Code

The essence of abetment lies in instigating a person to do a thing or the intentional doing of that thing by an act or illegal omission. Held, instigation, can be inferred, where the accused by his acts or by a continued course of conduct creates such circumstances that the deceased was left with no other option […]

Mere fact that appellant was not brave enough to conceal where victim was hiding did not make him a part of the unlawful assembly that had the common object to murder the victim. He had only pointed towards place where victim was hiding. Hence, conviction of appellant-accused under Ss. 302/201/147/148/149, set aside. [Taijuddin v. State

Low age of victim cannot be considered as only or sufficient factor by Supreme Court for imposing death sentence. (para 35) Sentences awarded to appellant under Ss. 376, 364, 366-A and 201 IPC, upheld. However, considering mitigating circumstances, death sentence awarded under S. 302, is commuted to life imprisonment with stipulation that appellant shall not

In this case of culpable homicide not amounting to murder, there was no pre-meditation or pre-planning and incident was result of sudden quarrel in which accused exercised his right of private defense, but exceeded the limit. Para 14. Hence, while confirming conviction under S. 304 Pt. II, sentence modified to 2 yrs’ RI with fine

All conditions as enumerated in S. 364-A must be fulfilled before recording conviction under S. 364-A. First essential condition, held, must mandatorily be established with at least any one of the three conditions mentioned thereafter also being affirmatively established, to ground conviction under S. 364-A. Thus, for offence under S.364A to be established, apart from

In this case, It was a rash and negligent act as there was no allegation against appellant-accused that at the time of accident, he was under influence of liquor or any other substance impairing his driving skills and driving in inebriated condition warranting stricter and harsher punishment.  Hence, conviction of appellant under Ss. 279 and

In this case of altercation leading to assault by 21 accused (including appellants herein) using deadly weapons resulting in death of one and injuries to others, fatal injury on deceased were caused by hard and blunt weapon on left parietal bone but, held, there was no injury corresponding to weapons used by four accused. As

Principles summarised regarding when conviction of accused on sole testimony of victim/prosecutrix, with or without corroboration is warranted. Held, prosecutrix fully supported case of prosecution and was consistent right from very beginning. There is no reason to doubt credibility and /or trustworthiness of prosecutrix. Even after thorough cross examination, she stood by what she said and

The power of imposing a fixed term of imprisonment, or for the remainder of natural term of life of convict is available only to High Court and Supreme Court, and not the trial court. Considering the motive of the crime that appellant was living in a relationship with the complainant Anju who had two children

There is no absolute proposition of law that in all cases where the deceased died due to septicaemia, the case would fall under S. 304. The same has to be determined in the facts and circumstances of each case ( reference Sanjay v. State of U.P.(2016) 3 SCC 62). Para 13 In any case, as