advocatemmmohan
Politechnika Warszawska PW-6
Under sec. 311. 233 of Cr. p.c. r/w evidence Act at fag end of trial = RAJESH TALWAR & ANR Vs. CBI & ANR published in judis.nic.in/supremecourt/filename=40869
Under sec. 311. 233 of Cr. p.c. r/w evidence Act – No application for summoning witnesses and for summoning documents etc., at the fag end of the trial, filed for dilatory tactics is to be allowed = Apex court held that the application is vexatious and intended to … Continue reading
Sec. 304 B I.P.C.= PANCHANAND MANDAL @ … APPELLANTS PACHAN MANDAL & ANR. VERSUS STATE OF JHARKHAND … RESPONDENT published in judis.nic.in/supremecourt/filename=40850
REPORTABLE Sec. 304 B I.P.C. Non – examination of the scribe A.S.I. of dying declaration is fatal to the prosecution; No evidence of cruelty or harassment in connection with demand of dowry soon before the death; prosecution failed to prove it’s case beyong reasonable doubts – Appeal allowed; Thus, we find that, practically there was … Continue reading
DEATH CONFIRMED = Herein, A1 and A2 have committed a cold blooded murder in a pre-ordained fashion without any provocation whatsoever. The motive behind the gruesome act was to avenge the act of informant in approaching the machinery of law enforcement inspite of threats by the appellants. The victims were five innocent children and wife of the informant who were sleeping unalarmed when the appellants came and locked them inside their house while it was set ablaze. Further, wrath of A1 and A2 is reflected in their act of first gagging the informant, thereafter attempting to burn him alive and later, when he tried to escape, firing at him thereby leaving no stone unturned in translating their threats into reality. As a result of the aforesaid incident, having witnessed the threats of burning given by the A1 to the informant tuned into reality, none but the family of the deceased-informant came forth to depose against the appellant-accused persons during the trial. The crime, enormous in proportion having wiped off the whole family, is committed so brutally that it pricks and shocks not only the judicial conscience but even the collective conscience of the society. It demands just punishment from the Court and the Court is bound to respond within legal parameters. The demand for justice and the award of punishment have to be in consonance with the legislative command and the discretion vested in the Courts. “…the punishment is the way in which society expresses its denunciation of wrong doing; and, in order to maintain respect for the law, it is essential that the punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them. It is a mistake to consider the objects of punishments as being a deterrent or reformative or preventive and nothing else… The truth is that some crimes are so outrageous that society insists on adequate punishment, because the wrong doer deserves it, irrespective of whether it is a deterrent or not.” 90. In light of the aforesaid, having regard to the gravity of the offence committed, we are of the considered opinion that with regard to A1 and A2 this case falls into the category of rarest of the rare cases and is not a case where imprisonment for life is an adequate sentence and thus, constrained to reach the inescapable conclusion that death sentence imposed on A1 and A2 be confirmed. 91. Therefore, the sentence of death imposed on A1 and A2 is confirmed and the sentence awarded to A3 is commuted to life imprisonment till the rest of his life. 92. The order of stay on the execution of the capital punishment of A1 and A2 is vacated.
punishable in http://judis.nic.in/supremecourt/imgst.aspx?filename=40794 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.249-250 OF 2011 DEEPAK RAI Appellant(s) VERSUS STATE OF BIHAR Respondent(s) WITH CRIMINAL APPEAL NOS.1747-1748 OF 2011 JAGAT RAI AND ANR. Appellant(s) … Continue reading
the plea of insanity under Section 84 of the Indian Penal Code, 1860 (in short ‘the IPC’).= Another factor which goes against the appellant accused is that he himself was examined as a defence witness No.3. According to learned trial Judge, as a witness, he made his statement clearly and cogently and it was also observed that he was meticulously following the court proceedings, acting suitably when the records were furnished for perusal. The trial Judge has also pointed out that during the entire proceedings, the accused has nowhere stated that he was insane earlier to the date of incident. The trial Judge, after noting his answers in respect of the questions under Section 313 of the Code of Criminal Procedure, 1973 has concluded that the accused could not be termed as an “insane” person. – there is no evidence as to the unsoundness of mind of the appellant-accused at the time of the occurrence, namely, on 05.11.2001 and also taking note of the fact that the accused failed to discharge the burden as stated in Section 105 of the Evidence Act, we fully agree with the conclusion arrived at by the trial Court and affirmed by the High Court.
Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 926 OF 2009 Mariappan …. Appellant(s) Versus State of Tamil Nadu …. Respondent(s) J U D G M E N T P.Sathasivam, J. 1) This appeal has been filed against the final judgment and order dated 17.10.2006 passed by … Continue reading
since the deceased suffered acid injury in his tongue, he was incapable of making any statement and, therefore, the alleged statement under Section 161 Cr.P.C. stated to have been recorded by PW-4 cannot be true.- If the deceased was in a position to make a long cry after the acid attack, it can be safely concluded that he would have definitely be in a condition to explain to the police officer the manner in which the occurrence took place.
Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1709 OF 2009 SRI BHAGWAN ….APPELLANT VERSUS STATE OF U.P. ….RESPONDENT J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1. This appeal by the sole accused is directed against the judgment of the Division Bench of the High … Continue reading
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