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criminal appeal
whether the fact that the decree of divorce was set aside and the marriage between A1 and the complainant was revived was known to A3, A4 and A5. Merely because A3 is the sister of A1, it cannot be presumed that she knew that the decree of divorce was set aside. If A1 wanted to marry A4, it is possible that he would keep back these facts from his sister as also from A4 and A5 i.e. his second wife and her father respectively.= acquitted under the benefit of doubt.
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs. 234-235 OF 2012 (Arising out of SLP (Crl.) Nos. 1262-1263 of 2009) Kannan … Appellant Versus Selvamuthukani … Respondent WITH CRIMINAL APPEAL NO.236 OF 2012 (Arising out of SLP (Crl.) No. 7924 of 2009) Murugayee & Ors. … Appellants Versus Selvamuthukani … Continue reading
whether the sessions court can add a new person to the array of the accused in a case pending before it at a stage prior to collecting any evidence.=in the course of trial, on the basis of the evidence if it appears to the Sessions Judge that any person not being the accused in the trial has committed the offence and the case is made out for exercise of power under Section 319 of the Code for proceeding against such person, it will be open to the Sessions Judge to proceed accordingly and the present order will not come in the way in exercise of his power under Section 319 of the Code.
CRIMINAL APPEAL NO. 121 OF 2012 (arising out of S.L.P. (Criminal) No. 3592 of 2011) 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 121 OF 2012 (arising out of S.L.P. (Criminal) No. 3592 of 2011 JILE SINGH Appellant(s) VERSUS STATE OF U.P.& ANR Respondent(s) O R … Continue reading
cheque bouns case =As of today, the appellant has undergone the sentence for a period of about 2= months before she was released on bail. Considering the fact that the appellant has deposited the amount of compensation i.e. Rs.2,20,000/- and the fact 5 that the appellant is a widow and is the only earning member in the family and considering the fact that though served with notice the respondent has not cared to appear in this Court, we are of the opinion that sentence already undergone by her should be treated as a sentence for the offence under Section 138 of the Negotiable Instruments Act. Order accordingly. The appellant is on bail. Her bail bond stands discharged. Needless to say that this order is passed in the peculiar facts and circumstances of the case. 8. Appeal is disposed of in the aforestated terms.
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 181 OF 2012 [ARISING OUT OF SLP (CRL.) NO. 10537 OF 2010] B. CHANDRAMATHI … APPELLANT Versus N. PRAKASH … RESPONDENT O R D E R 1. Leave granted. 2. This appeal, by grant of special leave, … Continue reading
at appeal stage recalling of a witness approver for further cross examination basing subsequent developments can be allowed. scope of sec.311,391 of Cr.P.C=March 20, 1975, at about 4.15 p.m. when the car in which Mr. Justice A.N. Ray, holding the office of the Chief Justice of India at that time, was travelling, along with his son Shri Ajoy Nath Ray and a Jamadar Jai Nand and the driver Inder Singh, stopped at the intersection of Tilak Marg and Bhagwan Dass road, at a stone throw distance from the Supreme Court of India, two live hand grenades were lobbed inside the car. Fortunately, the grenades did not explode and the occupants of the car, including the Chief Justice of India, escaped unharmed.
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 174 OF 2012 [ARISING OUT OF SLP (CRIMINAL) NO.6489 OF 2006] SUDEVANAND … APPELLANT VERSUS STATE THROUGH CBI … RESPONDENT WITH CRIMINAL APPEAL NO. 175 OF 2012 [ARISING OUT OF SLP (CRIMINAL) NO.6625 OF 2006] SANTOSHANAND … APPELLANT VERSUS … Continue reading
escape of four dreaded criminals from the police =Ram Prakash Singh filed a Writ Petition (being Writ Petition No. 747 of 2001) in the nature of Public Interest Litigation before the High Court of Madhya Pradesh, Bench at Gwalior. 3. In that Writ Petition, it was alleged that after escape of four dacoits noted above from police custody, the police has started torturing the persons from Baghel community in the Gwalior district. =The escape of four dreaded criminals from the police
Criminal Appeal NO. 104 OF 2012 (arising out of S.L.P. (Criminal) No. 5877 of 2004) 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRININAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 104 OF 2012 (arising out of S.L.P. (Criminal) No. 5877 of 2004) STATE OF M.P. & ANR. Appellant (s) VERSUS RAM PRAKASH … Continue reading
HIGH COURT OF JUDICATURE AT ALLAHABAD =Dying declaration can be accepted only when it is free from all infirmities, embellishment and tutoring/appeal allowed as the same is missing.
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No.53 AFR Criminal Appeal No.1689 of 1981 Asha Ram & another……………………..Appellants Versus State of U.P. ……………………………Respondents. Hon’ble Vinod Prasad, J. Two appellants, father and son, Asha Ram and Suresh, have challenged their conviction under section 304 IPC with implanted sentence of five years, recorded by Session’s Judge, Mainpuri … Continue reading
A convict, who is facing the threat of death gallows, is before us in this appeal. He is an illiterate foreign national and unable to engage a counsel to defend himself. He is tried, convicted and sentenced to death by the Additional Sessions Judge, Delhi in Sessions Case No.122 of 1998 dated 03.11.2004 without assignment of counsel for his defence.=The appellant must be seeing the hangman’s noose in his dreams and dying every moment while awake from the day he was awarded sentence of death, more than seven years ago. The right of speedy trial is a fundamental right and though a rigid time limit is not countenanced but in the facts of the present case I am of the opinion that after such a distance of time it shall be travesty of justice to direct for the appellant’s de novo trial. By passage of time, it is expected that many of the witnesses may not be found due to change of address and various other reasons and few of them may not be in this world. Hence, any time limit to conclude the trial would not be pragmatic.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1091 OF 2006 Mohd. Hussain @ Julfikar Ali ………….. Appellant versus The State (Govt. of NCT) Delhi ……………..Respondent J U D G M E N T H. L. Dattu, J. 1) A convict, who is facing … Continue reading
Benefit of difference in age should be given to the accused for offences u/ss 363, 366, 376 IPC/Appeal allowed.
HIGH COURT OF JUDICATURE AT ALLAHABAD RESERVED AFR Criminal Appeal No. 5029 of 2005 Raj Kumar Shukla ………………………………….Appellant Versus State of U.P. ………………………………………..Respondent Connected with Criminal Revision No. 723 of 2006 Sarju Prasad Mishra……………………………………….Revisionist Versus State of U.P. and another………………………………Respondents. Hon Vinod Prasad, J Appellant Raj Kumar Shukla, in Criminal Appeal No. 5029 of 2005, … Continue reading
`Aarushi’ murder case =The powers of Magistrate to take cognizance even the report of investigating officer found no offence as per his opinion=”The position is, therefore, now well settled that upon receipt of a police report under Section 173(2) a Magistrate is entitled to take cognizance of an offence under Section 190(1)(b) of the Code even if the police report is to the effect that no case is made out against
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.68 OF 2012 ARISING OUT OF Special Leave to Appeal (Crl) No(s).2982/2011 Dr. MRS. NUPUR TALWAR … APPELLANT(S) VERSUS C.B.I., DELHI & ANR. … RESPONDENT(S) J U D G M E … Continue reading
Right of private defence cannot be weighed in a golden scale and even in absence of physical injury, in a given case, such a right may be upheld by the court provided there is reasonable apprehension to life or reasonable apprehension of a grievous hurt to a person. It is well settled that the onus of proof on the accused as to exercise of right of private defence is not as heavy as on the
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1453 OF 2005 RANJITHAM … APPELLANT Versus BASAVARAJ & ORS. … RESPONDENTS WITH CRIMINAL APPEAL NO.1700 OF 2005 STATE BY INSPECTOR OF POLICE, DHARMAPURI POLICE STATION, TAMIL NADU … APPELLANT Versus SWAMIKANNU & ORS. … RESPONDENTS JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J. 1. … Continue reading
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