Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
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 or if it was picked up there,
- whether the blow is intended at a crucial area of the body,
- The amount of force used to inflict harm,
- Whether the act occurred during a sudden argument,
- Whether the incident was accidental or the result of premeditation,
- Whether the deceased was a stranger or there had been any prior animosity,
- Whether there was any serious or unexpected provocation, and if so, what caused it,
- Whether the alleged offender delivered a single strike or multiple blows,
- Whether the alleged victim of injury was unfairly treated or acted in a cruel and unusual manner.