Tag: Section 302 IPC

A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation
4Feb By The Legal ChamberNo Comments
Supreme Court

A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation

The Supreme Court of India acquitted the appellant, primarily on the ground that the dock identification of the accused by the sole injured eyewitness, recorded via video conferencing after an inordinate delay of over eight years, was deemed unsafe and unreliable. The Court found the testimony suffered from material improvements and inconsistencies, and the recoveries were not conclusively linked to the crime. Consequently, the prosecution failed to prove guilt beyond reasonable doubt. Facts Of The Case: In the intervening night of 2nd/3rd November 2008, five assailants broke into the Delhi residence of Madan Mohan Gulati and his wife, Indra Prabha Gulati (PW-18). The intruders assaulted the elderly couple, resulting in Madan Mohan's death and serious injuries to Indra Prabha. The poli...
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Supreme Court Acquits Accused in Murder Case: Recovery of Weapon Alone is Not Proof
4Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Accused in Murder Case: Recovery of Weapon Alone is Not Proof

The Supreme Court acquitted the appellant, holding that the conviction under Section 302 IPC and Section 25 of the Arms Act was unsustainable. The Court ruled that the recovery of a firearm from a place accessible to others, without independent corroboration or proof it was the murder weapon, is insufficient to establish guilt beyond reasonable doubt. Facts Of The Case: The case concerns the murder of Promila on June 12, 2016, in village M.P. Majra, Haryana. The First Information Report (FIR) was registered by her brother, Pradeep (PW-1), alleging that three unidentified men in a car shot her. Five days later, in a supplementary statement, Pradeep named the appellant, Govind, along with Sanoj and Amit, as the perpetrators. During the investigation, a country-made pistol and two live cart...
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From Murder to Culpable Homicide: How the Supreme Court Reclassified a Stabbing Case
29Jan By The Legal ChamberNo Comments
Supreme Court

From Murder to Culpable Homicide: How the Supreme Court Reclassified a Stabbing Case

The Supreme Court reclassified the offense from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC. The Court held that while the appellant had the knowledge his act was likely to cause death, the prosecution failed to prove the requisite intention to kill, which is essential to constitute murder under Section 300 IPC. Facts Of The Case: On June 12, 1998, an altercation occurred between the appellant, Nandkumar, and his brother. Rajesh, the nephew of Louis Williams (the deceased), intervened, during which the appellant allegedly injured Rajesh with a knife. Later that night, the appellant went to the residence of Louis Williams. A further incident ensued, resulting in the appellant inflicting multiple stab wounds on Williams, including ...
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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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Supreme Court Overturns Life Sentences, Grants Benefit of Doubt in 1990 Murder Case
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Life Sentences, Grants Benefit of Doubt in 1990 Murder Case

The Supreme Court acquitted the accused-appellant and three co-convicts, finding the prosecution's eyewitness testimonies wholly unreliable and contradictory regarding the genesis and location of the incident. The Court held that the prosecution failed to establish its case beyond reasonable doubt, warranting the benefit of doubt under Article 142 of the Constitution. Facts Of The Case: The case stems from an incident on 28th September 1990, where an altercation allegedly occurred in a village involving ten accused persons. According to the FIR lodged by Gobariya (PW-2), the incident began when the accused were damaging a temporary hutment belonging to Jagya (PW-3). Gobariya's son, Ramesh, intervened to pacify them, upon which the assailants allegedly turned on him and assaul...
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Dowry Death Mystery Solved: Supreme Court Holds Father-in-Law Guilty After High Court’s Acquittal
29Dec By The Legal ChamberNo Comments
Supreme Court

Dowry Death Mystery Solved: Supreme Court Holds Father-in-Law Guilty After High Court’s Acquittal

The Supreme Court restored the conviction of the accused under Sections 302 and 201 of the IPC, holding that in cases of unnatural death within a household, the burden to explain the circumstances lies with the accused under Section 106 of the Evidence Act. The Court found the chain of circumstantial evidence complete, establishing guilt beyond reasonable doubt. Facts Of The Case: The case revolves around the death of Smt. Pushpa, who was married to Mahesh Singh. Her family alleged she faced persistent dowry harassment and cruelty from her husband and father-in-law, Janved Singh. On December 31, 1997, Janved Singh reported to police that Pushpa died from accidental electrocution while ironing clothes. However, the post-mortem revealed the cause was asphyxia due to strangula...
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Supreme Court Upholds Conviction in Karnataka Murder Case: Why Witness Testimony Beat Medical Evidence
4Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Conviction in Karnataka Murder Case: Why Witness Testimony Beat Medical Evidence

In an appeal against acquittal, the Supreme Court reiterated that ocular evidence prevails over medical opinion unless irreconcilable. It held that the Trial Court’s view was perverse for discarding the injured eyewitness's consistent testimony based on speculative defenses and minor contradictions, thus rightly upholding the High Court's conviction. Facts Of The Case: On March 16, 2003, at around 6:00 a.m., Mohan Kumar was assaulted by a group of sixteen accused persons when he was leaving his house in the village to deliver milk. The attackers, armed with dangerous weapons, inflicted fatal injuries on him. His wife, Smt. Annapurna (PW-1), who intervened to save him, also sustained grievous injuries. The accused fled upon the arrival of other villagers. The injured were first take...
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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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Use of Blunt Side of Weapons Key: Supreme Court Converts 302 IPC to 304 in Land Dispute Killing
27Nov By The Legal ChamberNo Comments
Supreme Court

Use of Blunt Side of Weapons Key: Supreme Court Converts 302 IPC to 304 in Land Dispute Killing

The Supreme Court upheld the concurrent findings of the courts below on the appellants' involvement in causing the deaths. However, it altered the conviction from Section 302 IPC to Section 304 Part I IPC, finding that the act was done with the knowledge that it was likely to cause death, but without the intention to kill. The sentence already undergone was deemed sufficient. Facts Of The Case: On the morning of August 6, 1986, complainant Ram Gopal (PW-1) went with his father and two uncles to a river ghat to measure agricultural land for partition. There, they encountered the four accused appellants, including the owner of the adjacent land, Raghav Prashad. The accused, who were hiding, suddenly emerged and a dispute over the measurement ensued. This altercation quickly turned vi...
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