Tag: postmortem report

Supreme Court Upholds Life Sentence in Dowry Death Case: The Importance of Dying Declarations
15Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence in Dowry Death Case: The Importance of Dying Declarations

This Supreme Court judgment clarifies the legal principle regarding multiple dying declarations. The Supreme Court held that each declaration must be assessed independently for evidentiary value. It ruled that the first, corroborated dying declaration recorded by an independent witness (a doctor) was reliable, and minor discrepancies in subsequent versions did not invalidate it, justifying the High Court's reversal of the acquittal. Facts Of The Case: The prosecution's case was that the appellant, Jemaben, conspired with a co-accused to kill Leelaben and her son, Ganesh. On the intervening night of November 29-30, 2004, while the victims were sleeping in their hut, Jemaben poured kerosene on Leelaben and set her on fire. Leelaben suffered severe burns and succumbed to her injuries on...
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Supreme Court Rules on Vicarious Liability in Group Assault Case
13Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Vicarious Liability in Group Assault Case

In this Supreme Court judgement, the Supreme Court affirmed the conviction of appellants under Sections 302 and 307 read with Section 149 IPC. The Court clarified that vicarious liability under Section 149 applies when a member of an unlawful assembly shares its common object, irrespective of direct commission of the fatal act. It upheld that active facilitation and participation in a coordinated attack establishes guilt. Facts Of The Case: On April 27, 1999, Ankush Gholap and others were returning from Bhor in a jeep when they were intercepted by six accused persons on two motorcycles. The accused, armed with weapons like knives and a sattur, stopped the jeep near Navi Ali. Accused no. 3 removed the jeep's keys and assaulted the driver, while the others dragged Ankush and two other occu...
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Property Dispute & Unreliable Witnesses: Why Supreme Court Threw Out a Murder Conviction
1Dec By The Legal ChamberNo Comments
Supreme Court

Property Dispute & Unreliable Witnesses: Why Supreme Court Threw Out a Murder Conviction

This Supreme Court judgment underscores the stringent standards for convicting based on circumstantial evidence, as established in Sharad Birdhichand Sarda. The Supreme Court found the prosecution failed to conclusively prove homicide, motive, or the appellant's exclusive residence with the deceased. The recovery evidence was discredited, and the medical testimony created reasonable doubt, leading to acquittal. Facts Of The Case: The case involves the death of Sunanda (also known as Nanda Gitte) in Talani village. On July 22, 2010, police received information about a doubtful death and found Sunanda's body about to be cremated in an open field. The police intervention halted the rites, and upon inspection, they found a strangulation mark on her neck and an injury on the back of her s...
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Why the Accused Were Freed: Supreme Court Explains Legal Holes in Prosecution’s Murder Conspiracy Case
27Nov By The Legal ChamberNo Comments
Supreme Court

Why the Accused Were Freed: Supreme Court Explains Legal Holes in Prosecution’s Murder Conspiracy Case

The Supreme Court upheld the High Court's acquittal, emphasizing the prosecution's failure to prove guilt beyond reasonable doubt. The evidence presented, including motive, last seen theory, and recoveries, was found unreliable, inconclusive, and legally inadmissible. The Court reiterated that appellate interference in an acquittal is unwarranted unless the judgment is perverse or based on a misreading of evidence. Facts Of The Case: The case originated from the murder of Shri Suresh Sharma, whose body was discovered on January 23, 2006, with his hands tied and visible signs of strangulation. The prosecution's case was that the respondents, Bhanwar Singh, Hemlata, and Narpat Choudhary, conspired to kill the deceased due to various motives. It was alleged that Hemlata and her husband Na...
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Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions

The Supreme Court acquitted the accused, holding that the prosecution failed to prove guilt beyond reasonable doubt. The conviction, based on extra-judicial confession and circumstantial evidence, was unsustainable as the confessions were unreliable and the circumstantial chain was incomplete, violating the principles established in Sharad Birdhichand Sarda. The benefit of doubt was accorded to the appellant. Facts Of The Case: Neelam Kumari, the appellant, was convicted under Section 302 of the Indian Penal Code for the murder of her infant son. The prosecution's case was that on December 8, 2006, after returning with her husband, Nikku Ram, from his ancestral village, she was left alone with the child at their home in village Nand. When Nikku Ram returned later that evening, both the a...
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Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

The Supreme Court upheld the conviction under Section 302 IPC, affirming the reliability of a child witness. It ruled that the accused's mere denial under Section 313 CrPC was insufficient to discharge his burden under Section 106 of the Evidence Act to explain the circumstances of his wife's death within their home. Facts Of The Case: The case involved the murder of Smt. Ranjana by her husband, the accused-appellant Manohar Keshavora Khandate, within their home in Amravati. The prosecution's case rested primarily on the eyewitness account of their nine-year-old daughter (PW-3). She testified that on the night of the incident, she was sleeping beside her mother when she was awakened by a commotion. She found her father sitting nearby her mother, whose body was covered with a chaddar. The...
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