The Court held in the Instant case that the following, among other circumstances, can generally be used to determine if someone had the intent to cause death: The type of weapon used, whether the accused carried the weapon… Read more »
The Court observed that, even though the circumstances may suggest that the theft and the murder may have been committed simultaneously, it is risky to assume that the person in possession of the stolen item was also responsible… Read more »
The court observed that, during the process of performing dacoity, if a dacoit murders a person, all the co-dacoits will also be held liable under section 396 IPC, even if they did not participate in the killing, and… Read more »
The court observed that, section 366 of the CrPC casts a duty upon the High Court to, (a) “examine the nature and manner in which the offence was committed, mens reas, if any of the culprit, the plight… Read more »
The court held that, Criminal law does not recognise the terms 'same cause of action’. A per se FIR cannot be cancelled once evidence implicating the petitioner in a conspiracy has been discovered. As soon as an accused… Read more »
It is established that the authority granted by Section 438 of the CrPC is not to be used frequently. The authority must be used if it appears that an accusation was made with the intent to harm or… Read more »
The court observed that, a complaint under section 138 of NI Act, when an FIR of offences under section 420, 560 IPC was already filed with respect to circumstances of identical nature/ same transaction does not amount to… Read more »
The court observed that, the circumstance of ‘last seen’, along with the failure to provide a reasonable explanation of the accused are not enough to establish the guilt of the accused being reasonable doubt. As the case was… Read more »
The Court observed that offences under the section 304-B IPC are besides being grave, heinous, offences against society driven with the demand of dowry, and needs to be prevented. It further held that, cases involving such offence cannot… Read more »
The Supreme Court observed that the intention of an accused can be ascertained by the part of the body where the accused chose to assault the victim and the nature of injury inflicted upon the victim by the… Read more »
