LawforAll

▼
Friday, April 26, 2019

Sections 498A and 306 of the IPC = entitled for acquital = While the handwriting expert testified that the writing in the letter is the same as that of certain notebooks, no independent proof has been led regarding who owned or wrote in the aforesaid notebook. In fact, the only persons who were examined for the purposes of identifying the handwriting of the deceased were her father and cousin. However, how either of them could be said to be acquainted with her writing is unclear. The father of the deceased was her teacher nearly 15 years prior to the incident, and the deceased had admittedly not written any other letter to her father after her marriage. Similarly, the cousin of the deceased also did not have any other letter from the deceased in his possession.

›
     Hon'ble Mr. Justice N.V. Ramana  IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 539­540 OF...

Circumstantial evidence was proved = Though the prosecution case is premised on circumstantial evidence in the absence of any eyewitness, the depositions of prosecution witnesses which have stood the rigour of cross­examination clearly support the prosecution version and establishes enmity between the accused and the deceased. This fact supported by PW1’s last seen evidence, her prompt 10 complaint to the police and the forensic evidence which correlates the recovered weapon to the physical injuries on the body of the deceased proves the prosecution case beyond any reasonable doubt independent of the extrajudicial confession.

›
Hon'ble Mr. Justice N.V. Ramana NON­REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1...

discharge application under Section 239 read with Section 245 Cr.P.C for alleged offences under sec.Section 504 and 506 of I.P.C. The allegation is that appellant with two or three other unknown persons, one of whom was holding a revolver, came to the complainant’s house and abused him in filthy language and attempted to assault him and when some neighbours arrived there the appellant and the other persons accompanying him fled the spot. The above allegation taking on its face value does not satisfy the ingredients of Sections 504 and 506 as has been enumerated by this Court in the above two judgments. The intentional insult must be of such a degree that should provoke a person to break the public peace or to commit any other offence. The mere allegation that appellant came and abused the complainant does not satisfy the ingredients - entitled for discharge

›
Hon'ble Mr. Justice Ashok Bhushan REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION  CRIMINAL APPEAL NO. 75...

Service matter = whether an offence involving bodily injury can be categorized as a crime involving moral turpitude. In this case, we are concerned with an assault. It is very difficult to state that every assault is not an offence involving moral turpitude. A simple assault is different from an aggravated assault. All cases of assault or simple hurt cannot be categorized as crimes involving moral turpitude. On the other hand, the use of a dangerous weapon which can cause the death of the victim may may result in an offence involving moral turpitude. In the instant case, there was no motive for the Respondent to cause the death of the victims. The criminal courts below found that the injuries caused to the victims were simple in nature. On an overall consideration of the facts of this case, we are of the opinion that the crime committed by the Respondent does not involve moral turpitude. As the Respondent is not guilty of an offence involving moral turpitude, he is not liable to be discharged from service. we affirm the judgment of the High Court.

›
Hon'ble Mr. Justice L. Nageswara Rao  Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION  CIVIL APPEAL No . 70...

whether the information sought under the Right to Information Act, 2005 (hereinafter referred to as the ‘RTI Act’) can be denied by the Reserve Bank of India (RBI) and the other banks on the ground of economic interest, commercial confidence, fiduciary relationship or public interest.

›
1 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Contempt Petition (C) No.928 of 2016 In (Transfer Case (C)...