Lok Sabha disqualifies Afzal Ansari from Lok Sabha membership post conviction
On 1-5-2023, the Lok Sabha Secretariat disqualified Afzal Ansari, representing the Ghazipur Parliamentary Constituency of Uttar Pradesh, from membership of Lok Sabha
murder
Allahabad High Court grants bail to 16-year-old boy accused of killing mother for restraining him from playing PUBG
Allahabad High Court said that the FIR has been lodged by the grandmother of the accused and she is not an eyewitness. The other witnesses are also not the eyewitnesses in the instant matter and only on hearsay basis, the bail of the accused has been rejected.
Bilkis Bano – Premature release of Convicts case: Supreme Courts asks Centre and Gujarat Government to produce files and give reasons for releasing 11 convicts
The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members
Constitutional Courts can exercise power of imposing a modified or fixed-term sentence even where capital punishment is not imposed or proposed: SC
To identify whether the case of an accused under S. 302, IPC falls in the category of ‘rarest of the rare’ case, for the purpose of modification of sentence, it is no consideration by itself that the accused is a first-time offender and has no antecedents.
Meghalaya High Court| Governor has residuary power to carve out authority already conferred under 6th Schedule and vest the same in some other Court or officer
Meghalaya High Court said that there is no limitation on the powers of the Governor in conferring a part of the authority pertaining to the Penal Code or some special law, to a particular Court or officer appointed in that behalf.
Delhi High Court upheld life term of six murder convicts who shot a man dead in personal enmity
The Delhi HIgh Court opined that eyewitness running away and hiding at the time of firing and then coming for the rescue of the deceased is not unnatural as self-preservation is the first instinct of a human being.
Delhi High Court upholds life imprisonment of a man convicted for murdering his wife and for assaulting daughter
The Delhi High Court upheld the Trial Court’s decision of awarding life imprisonment to a man convicted for murdering his wife and assaulting his daughter.
Supreme Court finds Chhattisgarh High Court’s judgment ‘Sketchy’; Acquits murder convict in a 20-year-old case
Supreme Court said that the cherished principles or golden threads of proof beyond reasonable doubt which runs through the web of our law should not be stretched morbidly which was done by the Courts below.
Supreme Court grants bail to murder accused in custody for more than 14 months
In a case of Cross FIRs relating to murder and attempt to murder, the Supreme Court has granted bail to the main accused in the murder case
Madras High Court finds no irrelevant or extraneous materials in State’s decision of pre-mature release of 13 life convicts; upholds order
In petitions challenging the premature release of 13 life convicts by the State Government, the Madras High Court held that there is no reason to infer that the State has failed to consider relevant materials or passed the order of premature release for extraneous considerations.
‘Conviction on the basis of ‘last seen’ theory not justified’; Supreme Court acquits accused in a 7-year-old boy’s kidnapping and murder case
The Supreme Court was of the view that the basic principle of criminal jurisprudence is that in circumstantial evidence cases, the prosecution is obliged to prove each circumstance, as well the as the links between all circumstances, beyond reasonable doubt. Such circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability, the crime was committed by the accused and the same should unerringly point towards the guilt of the accused.
Absence of premeditation leads to Delhi High Court modifying murder conviction to culpable homicide not amounting to murder; Convict to be released
Based on the weapon used for inflicting injuries to the deceased was a very heavy danda with nodes therein, the Trial Court has convicted the appellant for offence punishable under Section 302 IPC. However, it failed to appreciate the fact that the alleged offence was not committed by pre-meditation.
Supreme Court| No stereotypical assumption that where death occurs after a lapse of time, the offence is of culpable homicide
The Supreme Court upheld the conviction order passed by Chhattisgarh High Court, and further held that a lapse of time in death would not per se constitute a determinative factor as to diminish the offender’s liability from the offence of murder to that of culpable homicide, not amounting to murder.
Murder convicts in a 37-year-old case to walk free after Supreme Court gives them benefit of doubt
Supreme Court held that the charge that the convicts had committed murder was not proved beyond reasonable doubt; hence, they were and are entitled to the benefit of doubt. Thus, it set aside the Trial Court and Allahabad High Court's judgment and order and acquitted the convicts.
Madras High Court sets aside conviction of a woman who set her minor daughter on fire for offence under Section 302 IPC; Commutes Life sentence to 10 years RI
Madras High Court while dealing with the question that whether the mother had the intention to commit the murder of her daughter, set aside the conviction and sentence of the convict for the offence under Section 302 IPC and convicted her for offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment
Mere call detail records are not sufficient to proceed against the accused; Saket Court, Delhi releases accused charged for conspiracy and murder
Saket Court, Delhi released an accused charged for conspiracy and murder and the Court held that mere call detail records were not sufficient to proceed against the accused.
‘Amicable settlement between parties is unwarranted when the serious offence of murder is committed’; Gujarat High Court denies bail
Gujarat High Court while deciding the bail application strikes the balance between personal liberty of accused and seriousness of offences committed.
Allahabad High Court | Removing the corpse from place of murder does not cause disappearance of evidence of murder
Allahabad High Court observed that Section 201 IPC looks upon a person giving false information with intent to screen an offender as an accessory after the fact and makes him culpable as an offender committing an offence against public justice. It partly allowed the appeal against conviction under Section 201 IPC, but upheld the conviction for murder.
[Pilibhit encounter 1991] Allahabad High Court commutes life sentence of 43 police personnel to seven years' rigorous imprisonment
“It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police must arrest the accused and put them up for trial”.
Explained | Why Supreme Court transferred former Andhra Pradesh Minister Y.S. Vivekananda Reddy’s murder trial to CBI Special Court at Hyderabad
Supreme Court observed that the principles of Administration of Justice states that justice should not only be done but it should be seen to be done and free and fair trial is sine qua non of Article 21 of the Constitution.