Showing : 1-10 of 195 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 379, 149, 148-- Murder - Sole testimony of eye witnesses - Parity with co-accused - If deposition of eye witnesses are not reliable qua one of accused and he is acquitted by giving benefit of doubt, same benefit ought to have been given to other accused also, unless there is some further material/evidence against..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 120B-- Murder - Allegations against A2 brother of A1 that A2 visited house of A1 along with two other persons on two occasions just a few days prior to incident and wrist watch of deceased recovered by police at his instance - Held, A2 brother of A1 it is natural for A2 to visit A1 house frequently -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal trial -- Inconsistency between dying declaration, medico-legal report and post mortem report - Cross examination of doctor exposits contradictions as to whether injury in question was sufficient to cause death in normal course of nature - Benefit of doubt of ambiguity and contradictions must go to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 324-- Nature of offence - A-1 alleged to have used hammer and he gave a blow at the back of head or on neck of deceased - Both the injuries do not correspond with injury of back of head or neck - These injuries can be related to attack made by A-2, A-3 and A-4 who have alleged to have used iron rods -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 147, 148, 149-- Murder - Role assigned to A-2, A-3 by PWs was that they hit the deceased with dagger not the role of firing - PW6 did not see firing of gun though he claims to have heard gu, shots and PW3 and PW4 state that they saw firing - However, no bullets or bullet marks were found at the site - Medical..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b)-- Offence u/ss 8 & 18(b) of the Act - If at any stage, accused is able to create a reasonable doubt, as a part of his defence, to rebut the presumption of his guilt, the benefit naturally goes to him...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal trial-- Benefit of doubt must follow unless prosecution is able to prove its case beyond all reasonable doubt...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal trial-- Burden lies on the prosecution to prove the allegations beyond all reasonable doubt - In contradistinction to the same, the accused has only to create a doubt about the prosecution case and the probability of its defence - An accused is not required to establish or prove his defence beyond all..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c)-- Murder - Gunshot injury - Recovery witnesses not supported the prosecution case - There was darkness at the time at place of occurrence making it difficult for witness to identify assailants - Evidence of eye witnesses contradictory to each other as to firing of fatal blow - Guilt of accused not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 149, 148-- Murder - Name of accused missing both in Dehati Nalishi (FIR) as well as in statement of eye witness recorded u/s 161 Cr.P.C - No explanation given for the same - Eye witness not identified accused in the Court, as he stated that when deceased was being attacked he told him to go to his house and..........

Showing : 1-10 of 195 Results