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Criminal Law Judgments and Orders

Compromise Settlement Deed-set aside the impugned order.

 25 February 2009

in view of the settlement arrived at between the parties, it would be appropriate to set aside the impugned order and quash the proceedings, if any. We order accordingly...

Posted in Criminal Law |    hits

State v SIDHARTHA VASHISHT and ORS.

 24 February 2009

Substantive sentences of imprisonment in respect of Sidhartha Vashisht @ Manu Sharma shall run concurrently and all the three convicts would be given benefit of Section 428 Cr.P.C. ..

Posted in Criminal Law |    hits

Charan Singh v state

 24 February 2009

court in holding the appellant guilty under Section 302 IPC is not sustainable.Consequently, we set aside the conviction of the appellant under Section 302 IPC and acquit him of the charges...

Posted in Criminal Law |    hits

State v SIDHARTHA VASHISHT and ORS.

 24 February 2009

while holding Sidhartha Vashisht @ Manu Sharma guilty under Section 302 IPC for the murder of Jessica Lal as also under Section 27 Arms Act and Section 201/120B IPC, we also hold Amardeep Singh Gill and Vikas Yadav guilty for the offence punishable u..

Posted in Criminal Law |    hits

AJAY KUMAR TRIPATHI VS STATE

 24 February 2009

under Section 386(3) altered the finding by making an amendment in the judgment by holding the appellant guilty for an offence under Section 302 read with 201 IPC. ..

Posted in Criminal Law |    hits

ATE V$ Mohd. Sheikh Noor Hussain

 24 February 2009

although this is a case which is repulsive and gruesome in nature, yet we find that the accused comes from the poorest strata of society and it cannot be ruled out that there is no possibility of the accused being reformed and rehabilitated into the..

Posted in Criminal Law |    hits

STATE V BRIJ KISHORE

 24 February 2009

An angry young man of 21 years, having lost his house on a complaint made by the deceased, vent his anger in an irrational manner not accepted by law. The sentence of death to our mind would be far too harsh, not falling within the framework of 'rar..

Posted in Criminal Law |    hits

STATE V MOHD. HUSSAIN

 24 February 2009

death sentence imposed on the appellant Mohd. Hussain under Section 302 IPC CONFIRMED. The sentences imposed on him for his conviction under other offences of IPC and the Explosive Substances Act are also maintained. ..

Posted in Criminal Law |    hits

SUSHIL ANSAL V STATE

 24 February 2009

justice would be served if the sentence is reduced to rigorous imprisonment for one year and Rs. 5000/- under section 304-A. the default sentence in his case is also modified to simple imprisonment for two months. The conviction by the trial court i..

Posted in Criminal Law |    hits

Shri Hamid Khan V Shri Mohd. Arif

 24 February 2009

I feel that the trial court did not commit any error in holding appellant guilty for offence committed under Section 138 Negotiable Instruments Act.In view of the above discussion, the judgment dated 10.11.2003 and order of sentence dated 12.11.2003 ..

Posted in Criminal Law |    hits

Rajinder Kumar V STATE

 24 February 2009

At best, the appellant could be held guilty for an offence under Section 325 IPC. Resultantly, the impugned judgment and order on sentence is modified to the extent of holding the appellant guilty for committing offence under Section 325 of the India..

Posted in Criminal Law |    hits

Criminal tresspass by some person given right under giftdeed

 23 February 2009

Criminal tresspass-Donor reserving life interest in the house gifted to the donee-Permitting another to reside with him-Status of that person after the death of the donor whether his occupation would amount to Criminal trespass- Penal Code Section 44..

Posted in Criminal Law |    hits

PRAKASH V STATE

 21 February 2009

The warm and the living hands of a Judge are the best reassurance to an accused that his fundamental right, of life and liberty, enshrined under the Constitution is preserved and protected. When these hand turn cold, the first casualty is Article ..

Posted in Criminal Law |    hits

State of Maharashtra V/s. Vasant Shanker Mhasane

 21 February 2009

The essence of prescribing a punishment for matrimonial cruelty in a penal code will be frustrated if in proven instances of cruelty a court were to bend to the multifarious pleas for leniency...

Posted in Criminal Law |    hits

state of Maharashtra V/s. Madhukar Narayan Mardikar

 21 February 2009

Merely because she is a woman of easy virtue, her evidence can not be thrown overboard...

Posted in Criminal Law |    hits

Motive&suspicion without evidence not basis for conviction

 18 February 2009

Motive and suspicion howsoever strong can not be made the basis of conviction without any legal evidence..

Posted in Criminal Law |    hits

Fine for offence punishable U/S 304-B IPC can not be imposed

 18 February 2009

Although sentence of imprisonment can be extended upto life imprisonment under Section 304-B (2) I.P.C., but no fine can be imposed, as the legislature has not prescribed imposition of fine under this Section. The court can award only that sentence, ..

Posted in Criminal Law |    hits

Investigation U/S156(3) CrPC can't be challenged U/S 482CrPC

 18 February 2009

Order of investigation passed under section 156(3) CrPC can not be challenged in Revision or proceeding under section 482 CrPc by propsective accused. ..

Posted in Criminal Law |    hits

VIJAY KUMAR and NAVEEN KUMAR ..... Petitioners

 13 February 2009

At the time of framing charges, the trial court is required to consider only the material produced by the prosecution alongwith its charge sheet and/or upplementary charge sheet. It is not even to look at the documents which the accused may produce i..

Posted in Criminal Law |    hits

State of Orissa V/s. Beharia,

 11 February 2009

extra marital relationship howsoever immoral may be, is not an offence unless it comes within any of the circumstances stated in section 375 I.P.C. (Rape)..

Posted in Criminal Law |    hits