murder Archives

Orissa High Court | Witnesses related to the deceased would not result in their testimonies being discarded if otherwise truthful and consistent

Orissa High Court: In an appeal filed challenging the Trial court ruling, convicting the accused under Section 302 of Penal

Case Briefs High Courts

Findings of Trial Court based on surmise and conjecture, opposed to any reason, rationality, principles of evidence and natural justice; Calcutta High Court acquits in matter of 304 IPC

Calcutta High Court: Sugato Majumdar, J. allowed a criminal appeal which was assailed against the judgment and order of Additional Sessions Judge

Case Briefs Supreme Court

Clearing of prosecution evidence not an absolute bar from re-examining materials/witnesses under Section 311 CrPC: Supreme Court

“The statutory provision goes to emphasise that the court is not a hapless bystander in the derailment of justice. Quite to the contrary, the court has a vital role to discharge in ensuring that the cause of discovering truth as an aid in the realization of justice is manifest.”

Case Briefs High Courts

Charge-sheet and documents adduced prima facie point towards guilt; Allahabad High Court denies bail to journalist Siddique Kappan [Hathras gang-rape row]

Allahabad High Court: Krishan Pahal, J. dismissed the bail application of Siddique Kappan, the journalist who was arrested along with three others

Case Briefs Supreme Court

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*

Case Briefs High Courts

Madhya Pradesh High Court lambasts police force for blatant callousness and failure in tracing an 11-year-old missing minor girl

Madhya Pradesh High Court: The Division Bench of Rohit Arya and Milind Ramesh Phadke, JJ. took strong exception to the functioning of

Case Briefs High Courts

Bombay High Court | Right to reproductive choice: Minor sexual assault victim lodged in observation home for murder allowed to terminate pregnancy

Bombay High Court: A.S. Chandurkar and Urmila Joshi-Phalke, JJ. allowed a writ petition which was filed by a minor victim of sexual

Case Briefs Supreme Court

Man rapes and murders a 7-year-old physically and mentally challenged girl; kills fellow inmate after conviction. SC confirms death sentence

“We could only wonder what more of criminal activity would qualify as blemish, if not the involvement and conviction in a case of murder of a fellow jail inmate!”

Case Briefs High Courts

Allahabad High Court | Parity can only be persuasive in nature and cannot be binding; Bail orders not to be given without assigning any reasons

Allahabad High Court: While dismissing the bail application in case registered under Section 302, 120-B Penal Code, 1860, Sameer Jain, J. held

Case Briefs Supreme Court

No conviction based on ‘last seen together’ theory when possibility of suicidal death not ruled out; SC sets man free in a 28-year-old honour killing case

“The suspicion howsoever strong cannot take place of proof.”

Case Briefs High Courts

Bom HC │ Extra-judicial confession is a weak piece of evidence; Conviction under S. 302 IPC set aside

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Milind N. Jadhav, JJ., allowed an appeal which was filed against

Case Briefs High Courts

[Honour Killing] Raj HC | Exercising judicial discretion as well as invoking the sense for exercising judicial discretion lies with the Court; Rejects bail

Rajasthan High Court: Farjand Ali, J. dismissed the bail application of petitioner being accused of honour killing and observed that the investigating

Case Briefs Foreign Courts

Canada SC | Imposing consecutive 25-year parole ineligibility periods cruel and unusual by nature, cannot be justified in a free and democratic society

Supreme Court of Canada: A full bench comprising, Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal JJ unanimously

Case Briefs Supreme Court

Psychiatric & Psychological Evaluation of death row convicts| Supreme Court mandates call for mental health report before pronouncing death sentence

“Implicit in this shift is the understanding that the criminal is not a product of only their own decisions, but also a product of the state and society’s failing, which is what entitles the accused to a chance of reformation.”

Case Briefs High Courts

Cal HC | Abscondence of an accused by itself does not establish his guilt; Conviction and sentence for punishment of murder set aside

Calcutta High Court: The Division Bench of Joymalya Bagchi and Ananya Bandyopadhyay, JJ. allowed an appeal which was directed against the judgment

Case Briefs Foreign Courts

SL CoA | Trial Judge failed to duly appreciate the mitigatory circumstances; Court allows appeal for granting a non-cutodial sentence in terms of S. 336 of the CCPA

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of N. Bandula Karunarathna and R. Gurusinghe, JJ.

Case Briefs Supreme Court

Sheena Bora murder| Indrani Mukerjea gets bail after being in custody for 6.5 years

Supreme Court: The 3-judge bench of L. Nageswara Rao, BR Gavai and AS Bopanna, JJ has granted bail to Indrani Mukerjea, accused

Case Briefs Supreme Court

“An opinion accompanied by inadequate reasoning would not satisfy the requirements of Section 432 (2), CrPC”, SC directs presiding officer to reconsider remission application

“Section 432 (2) of the CrPC would stand defeated if the opinion of the presiding judge becomes just another factor that may be taken into consideration by the government while deciding the application for remission.”