January 2020

Murder–Intention to kill-­Alteration of Charge-Appellant gave blow with reverse side of axe on the vital part (brain) of deceased-Other appellants administered beatings to deceased with iron rods~Thus the appellants had intention to cause death of deceased–Hence the cause would be covered u/s 304 Part I and not u/s 304IPC part II–Conviction of appellants modified from S.302 IPC to 304 IPC part I.

By | January 19th, 2020|Charge|

Comments Off on Murder–Intention to kill-­Alteration of Charge-Appellant gave blow with reverse side of axe on the vital part (brain) of deceased-Other appellants administered beatings to deceased with iron rods~Thus the appellants had intention to cause death of deceased–Hence the cause would be covered u/s 304 Part I and not u/s 304IPC part II–Conviction of appellants modified from S.302 IPC to 304 IPC part I.

Held; appellants may not have the intention to kill the deceased but they had the knowledge that in case a person is given kick blows on abdomen, it may cause his death—Conviction converted from S.302 IPC to S.3O4 Part II IPC–Directed accordingly.                       

By | January 19th, 2020|Charge|

Comments Off on Held; appellants may not have the intention to kill the deceased but they had the knowledge that in case a person is given kick blows on abdomen, it may cause his death—Conviction converted from S.302 IPC to S.3O4 Part II IPC–Directed accordingly.                       

Murder—Alteration of Charge—Single blow on vital part with sharp edged weapon which proved fatal—Conviction modified from S . 302 IPC to S.304 IPC part I

By | January 19th, 2020|Charge|

Comments Off on Murder—Alteration of Charge—Single blow on vital part with sharp edged weapon which proved fatal—Conviction modified from S . 302 IPC to S.304 IPC part I

Murder—Alteration of Charge—Simple injuries with stick caused death-Conviction converted from Section 302 IPC to Section 304 Part I IIPC

By | January 19th, 2020|Charge|

Comments Off on Murder—Alteration of Charge—Simple injuries with stick caused death-Conviction converted from Section 302 IPC to Section 304 Part I IIPC

December 2019

Framing of Charge—Supplementary Charge sheet—Once there are two reports both the reports have to be read conjointly and cumulative effect thereof is to be considered for framing of charges Framing of Charge—Supplementary Charge sheet not considered- Impugned order set aside

By | December 26th, 2019|Charge|

Comments Off on Framing of Charge—Supplementary Charge sheet—Once there are two reports both the reports have to be read conjointly and cumulative effect thereof is to be considered for framing of charges Framing of Charge—Supplementary Charge sheet not considered- Impugned order set aside

Framing of Charges–Non application of mind–Quashing–Charge sheet was filed for offence under S.307 IPC-In a short and cryptic order charges were framed u/s 382,336,326 IPC etc-Impugned order shows non application of judicial mind-Order framing charge and subsequent charge sheet quashed

By | December 25th, 2019|Charge|

Comments Off on Framing of Charges–Non application of mind–Quashing–Charge sheet was filed for offence under S.307 IPC-In a short and cryptic order charges were framed u/s 382,336,326 IPC etc-Impugned order shows non application of judicial mind-Order framing charge and subsequent charge sheet quashed

Production of Documents—Framing of Charges—At the time of framing of charge or taking cognizance, the accused has no right to produce any material evidence      

By | December 22nd, 2019|Charge|

Comments Off on Production of Documents—Framing of Charges—At the time of framing of charge or taking cognizance, the accused has no right to produce any material evidence      

July 2019

May 2019

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January 2018

November 2016