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
murder
“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.”
2022 SCC Vol. 2 Part 4
In 2022 SCC Volume 2 Part 4, read a very interesting decision, wherein a death row convict subjected a 5-year-old girl to
Murder convict seeks remission of sentence on the ground of being 100% visually impaired. Can disability be a ground for remission? SC answers
Supreme Court: While addressing the plea of a murder convict seeking remission on the ground of blindness, the Division Bench comprising of
7-year-old’s “brutal” rape and murder: SC commutes Death sentence; No premature release/remission during 30 years’ LI as “conscience of the society cannot be ignored”
Supreme Court: In a case where a man had brutally raped and murdered a 7-year-old girl, the 3-judge bench of AM Khanwilkar,
Husband killed wife brutally in a heat of passion leaving husband with a wounded pride: Bom HC decides whether the said offence will come under “Murder” or “Culpable Homicide not amounting to Murder”
Bombay High Court: Stating that, in the moment of anger spouses almost forgot about the two children who were hardly three years
Chased and killed in the mid night much after the altercation, even after the deceased reached his house. Cold blooded murder or culpable homicide not amounting to murder? SC decides
Supreme Court: In a case relating to murder versus culpable homicide legal controversy, the Division Bench of M.R. Shah* and B.V. Nagarathna,
Wife subjected husband to humiliation by publicly calling him impotent and abusing him resulting in assault by husband: Husband will be convicted for murder or culpable homicide? Bom HC analyses
Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., modified the conviction of a husband who
Person with 54% disability pinned to the ground, throttled by neck and consequently killed by strangulation; SC cancels HC order granting bail to the accused
Supreme Court: The Division Bench of M.R. Shah B.V. Nagarathna*, JJ., cancelled the bail order of the High Court against the person
“…we boast ourselves as an educated society, but we live our lives with double standards”: Allahabad HC condemns prevailing caste system even after 75 years of independence
Allahabad High Court: While expressing that “Caste system in our society is deeply rooted, we boast ourselves as educated society, but we
SL CoA | Defence of sudden and grave provocation can’t be granted; Court explains
Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of K Priyantha Fernando and Sampath B Abayakoon,
Whether discrepancies in school records on the basis of which DoB was recorded for admission in matriculation will discredit matriculation certificate for proving juvenility? SC decides
Supreme Court: Upholding the concurrent findings of High Court as well as Sessions Court and Juvenile Justice Board, the Division Bench comprising
Three death row convicts to walk free as SC finds them “not guilty” of murdering six family members
“We are at pains to observe the manner in which the present case has been dealt with by the trial court as well as by the High Court, particularly, when the trial court awarded death penalty to the accused and the High Court confirmed it.”
[Honour Killing] ‘Could have cut off relations, instead opted to commit cold blooded murder’: Bom HC upholds death penalty of brother for pre-planned murder of sister and lover
Bombay High Court: Division Bench of V.K. Jadhav and Shrikant D. Kulkarni, JJ., addressed a case of ‘Honour Killing’ by a brother
Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC
Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ
Explained| When does the intention to cause death becomes irrelevant to prove an offence under Section 300 “Thirdly” IPC?
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that once the prosecution establishes the existence of
SC awards 30 years RI to man who killed 2 brothers & nephew; Finds imposition of death penalty on the day of conviction itself, wrong
Supreme Court: In a case where the trial court had convicted the accused and imposed death penalty on the very same day,
Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]
Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., while addressing an alleged rape and murder
High Courts Monthly RoundUp — November 2021
Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.
Explained| Is ‘motive’ an indispensable ingredient for proving the charge of attempt to murder?
“Unearthing ‘motive’ is akin to an exercise of manual brain-mapping. At times, it becomes herculean task to ascertain the traces of a ‘motive’.”