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Criminal Law Judgments and Orders

Indian committing crime abroad can be tried in India: SC

 10 September 2011

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Posted in Criminal Law |   2445 hits

VIKAS & ORS. Vs State of Maharasthra

 25 August 2011

Nemo moriturus praesumitur mentire; i.e. a man will not meet his Maker with a lie in his mouth. A dying man is face to face with his Maker without any motive for telling a lie. 23. Truth said Mathew Arnold, sits upon the lips of a dying man . 24...

Posted in Criminal Law |   3170 hits

Prabhudayal And Others vs State Of Maharashtra

 25 August 2011

To prove quilt of an accused person by circumstantial evidence. They are:- (1) The circumstance from which tile conclusion is drawn should be fully proved; (2) the circumstances should he conclusive in nature; (3)all the facts so established should..

Posted in Criminal Law 1 comments |   2561 hits

RAM BIHARI YADAV Vs STATE OF bIHAR

 25 August 2011

Though dying declaration is indirect evidence being a specie of hearsay, yet it is an exception to the rule against admissibility of hearsay evidence. Indeed, it is substantive evidence and like any other substantive evidence requires no corroboratio..

Posted in Criminal Law |   3246 hits

Rais @ Toun & Ors. …Appellants Vs.

 25 August 2011

“The opinion given by a medical witness need not be the last word on the subject. Such an opinion shall be tested by the court. If the opinion is bereft of logic or objectivity, the court is not obliged to go by that opinion. After all opinion is wha..

Posted in Criminal Law |   2069 hits

K. NEELAVENI ..... APPELLANT VERSUS

 25 August 2011

In our opinion, when a report is submitted to the Magistrate he is required to be prima facie satisfied that the facts disclosed therein constitute an offence. It is trite that the Magistrate is not bound by the conclusion of the investigating agency..

Posted in Criminal Law |   2571 hits

Satya Narayan Tiwari @ Jolly & Anr. Vs. State Of U.P

 25 August 2011

Crimes against women are not ordinary crimes committed in a fit of anger or for property. They are social crimes. They disrupt the entire social fabric. Hence, they call for harsh punishment. Unfortunately, what is happening in our society is that ou..

Posted in Criminal Law |   2279 hits

Wakkar & Anr. Vs. State Of U.P.

 25 August 2011

That there is a long mental distance between `may be true' and `must be true' and the same divides conjectures from sure conclusions; [see Tanviben Pankajkumar Divetia v. State of Gujarat1]. ..

Posted in Criminal Law |   1667 hits

State Of U.P. Vs. Krishna Master & Ors

 25 August 2011

In the deposition of witnesses, there are always normal discrepancies, howsoever, honest and truthful they may be. These discrepancies are due to normal errors of observation, normal errors of memory due to lapse of time, due to mental disposition, s..

Posted in Criminal Law |   1933 hits

Aqeel Ahmad Vs. State of U.P.

 25 August 2011

`The proceedings under Section 174 have a very limited scope. The object of the proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death. The q..

Posted in Criminal Law |   2370 hits

State Of U.P vs Dr. Ravindra Prakash Mittal

 18 August 2011

The essential ingredients to prove guilt of an accused person by circumstantial evidence are: (1) the circumstances from which the conclusion is drawn should be fully proved; (2) the circumstances should be conclusive in nature; (3) all the facts so..

Posted in Criminal Law |   2569 hits

Kamalakar Nandram Bhavsar And ... vs State Of Maharashtra

 18 August 2011

. It is very surprising that a doctor who admittedly did not treat a patient during her life time would be called upon to certify the fitness of the patient to make a dying declaration when other doctors who treated the said patient were available fo..

Posted in Criminal Law |   2385 hits

State Of Assam vs Mafizuddin Ahmed

 18 August 2011

. It is not outside the realm of probability that her statement may have been inspired by her uncle and, therefore, it will not be safe to base the conviction of respondent on such a dying declaration. The other direct evidence is the deposition of ..

Posted in Criminal Law |   2136 hits

Fahim Khan Vs. State Of Bihar Now Jharkhand

 18 August 2011

It is, however, equally well-settled that an objection as to prejudice must be taken at the earliest [see Shobit Chamar & Anr. Versus State of Bihar (1998 (3) SCC 455) ] and prejudice must be shown before a trial could be said to be invalidated [..

Posted in Criminal Law |   3059 hits

Yakub Ismailbhai Vs State of Gujarat

 18 August 2011

"In England where provision has been made for the reception of unsworn evidence from a child it has always been provided that the evidence must be corroborated in some material particular implicating the accused. But in the Indian Act there is no suc..

Posted in Criminal Law |   2157 hits

Sher Singh & Anr vs State Of Punjab

 14 August 2011

What is essential is that the person recording the dying declaration must be satisfied that the deceased was in a fit state of mind. Where it is proved by the testimony of the Magistrate that the declarant was fit to make the statement without there ..

Posted in Criminal Law |   5844 hits

Punishment already suffer is not required to suffer again for the same fault

 06 August 2011

The appellant was married to one Sudesh who is said to have committed suicide on 23rd February, 1989. According to the prosecution Sudesh was married to the appellant in April/May, 1980 but she could not conceive. The appellant had been maltreating a..

Posted in Criminal Law |   1690 hits

Applicability of Sec 25(3) depends on its condition to be fulfilled

 06 August 2011

A. The Drug Inspector under the Act 1940 had taken a sample of Betnesol tablets (Batch No. NC 160 Mfg. October 1996, expiry March 1998), manufactured by the appellant-company from the shop of one Mahesh Agarwal at Chattarpur on 9.12.1996. The statuto..

Posted in Criminal Law |   2225 hits

Criminal case against witnessed enough to disbelieve

 06 August 2011

Political rivalry at times degenerates into personal vendetta where principles and policies take a back seat and personal ambition and longing for power drive men to - commit the foulest of deeds to avenge defeat and to settle scores. These appeals b..

Posted in Criminal Law |   2091 hits

Presence of evidence cause Dismissal

 20 July 2011

The present appeal is directed against the judgment and order on sentence both dated 06.08.1996 delivered / passed by the Additional Sessions Judge, New Delhi in Sessions Case No. 82/1996 arising out of FIR 405/1991 registered at Police Station Vinay..

Posted in Criminal Law |   1593 hits







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