Bombay HC converts conviction from murder to culpable homicide, recognises “continuous provocation” from tobacco-addicted brother
“The deceased used to beat them even though they tried to persuade him to give up his addictions and improve.”
culpable homicide not amounting to murder
‘Mercilessly assaulted deceased’; Bombay HC upholds man’s conviction for killing mother-in-law using tile, knife, wooden plank
“The manner in which the accused assaulted the deceased with predetermination definitely indicated that he was guilty of the offence of murder and not culpable homicide.”
Read why Delhi HC granted default bail to fake doctors for offence under Section 304 IPC, due to procedural error by the Police
With respect to the offence under Section 304, the duration of imprisonment can only be ascertained at the conclusion of trial, and the period of investigation for that offence shall only be 60 days and not 90 days, unless the facts of a case undisputedly indicate an intention of the accused to cause death or bodily injury likely to cause death.
‘Every possibility for prudent man to lose temper on seeing wife with another man’: Meghalaya HC modifies husband’s conviction u/s 302 for killing wife’s ex-husband
“On noticing the presence of the ex-husband (deceased) in his house, the husband caused the death of the deceased in order to safeguard his right over person (wife) without any premeditation or intention. The case fell within the ambit of Exception 2 to Section 300 of the IPC on the ground of it being unintentional and consequently, it is culpable homicide not amounting to murder.”
BSF jawan found guilty of culpable homicide not amounting to murder for sudden indiscriminate firing which led to a civilian’s death; Calcutta HC commutes sentence
The General Security Force Court had convicted the BSF jawan for murder and had sentenced him to life imprisonment along with dismissal from service.
Andhra Pradesh High Court acquits a man accused of culpable homicide not amounting to murder; set aside conviction order of Session Court
Without there being any evidence as to the presence of the accused in the house at the time of the death of the deceased, especially when the material witnesses turned hostile, convicting the accused basing on the assumptions and presumptions by the Sessions Court was erroneous.
Prosecution version helps man accused of murdering brother get benefit of provocation exception; SC holds that accused may rely on prosecution case for discharge of burden
Supreme Court: In an interesting case, where a man was convicted for murder of his younger brother, the bench of Sanjiv Khanna*
Beyond Reasonable Doubt versus Preponderance of Probabilities: Supreme Court explains why circumstances guide the Courts in deciding Right to Private Defence cases
Supreme Court: The bench of BR Gavai and Hima Kohli*, J has held that while deciding a case relating to right to
Mother convicted for culpable homicide not amounting to murder for strangling her two children
High Court for States of Andhra Pradesh & Telangana: In a dismal case of a mother strangling her two children to death