Krishan VS State of Haryana - 04 Mar 09

Criminal Law--Murder--Circumstantial evidence--Hostile witness--Appeal against conviction--Case of blind murder as dead body of deceased was found lying in abandoned plot--Material witnesses not supporting case of prosecution and turned hostile--Chain of prosecution case not complete and link evidence missing--Prosecution story seems to be suspicious if statement of all witnesses alongwith circumstances are considered together--Circumstantial evidence not sufficient to hold accused guilty for alleged offence beyond reasonable doubt--Accused acquitted--|Penal Code, 1860, Section 302 and 201. (Paras 17, 18, 22, 23, 24 & 25)

India - Punjab

R VS Lichniak - 25 Nov 02

Mandatory life sentence for murder has a denunciatory value, expressing society s view of a crime which has long been regarded with peculiar abhorrence.

India - Supreme Court

Atar Khan VS State of Rajasthan - 24 Aug 01

Cr.P.C., 1973, Sec. 319 – Power of the trial Court to issue process u/Sec.319 Cr.P.C. even during the course of trial – Held – If the prosecution can produce evidence at any stage which satisfy the court that other accused or those who have not been arrayed as accused against whom proceedings have been quashed, have also committed the offence, the court can take cognizance against them and try them along with the other accused – This extra-ordinary power conferred on the Court should be used very sparingly.That once the Sessions Court is seized of the matter as a result of the committal order against some accused, the power under Section 319(1) Cr.P.C. can come into play and Court can add any person, not an accused before it, as an accused and direct him to be tried along with other accused. It has further been observed that the powers under Section 319 Cr.P.C. has to be sparingly used. (Para 13)

India - Rajasthan

Abdul Razak VS State of Kerala - 27 Aug 09

When the engagement of junior lawyer to defend the accused in a murder case had seriously prejudiced the accused, the same resulted in vitiating the trial the conviction of the accused is liable to be set aside.

India - Crimes

Vijay Dutt Through his wife Dr. (Mrs. ) Veena Dutt VS R. D. Nagpal Consultant Neuro-Surgeon, Jaslok Hospital and Research Center - 07 May 14

Negligence cannot be attributed to a doctor so long as he is performing his duties to the best of his ability and with due care and caution.

India - Consumer

Abdul Razack @ Cheriyan @ Krk VS State of Kerala - 27 Aug 09

Indian Penal Code, 1860 -S.302 - Legal Aid to Accused Rules, 1992 - Rr.3 and 4 - Offence of Murder - Appeal against conviction - Legal Aid - Held, Lawyer, who defended the appellant, was enrolled has less than three years' practice and so, the engagement of such a lawyer was contrary to the aforementioned provision of the Cr.P.C. and the Rules of the Legal Aid to Accused Rules, 1992 - Defence arranged by the State for the appellant, who cannot afford to engage a lawyer by himself, was so poor that he did not get a fair trial - conviction and sentence imposed unsustainable in law - Trial Court shall arrange a competent lawyer to defend the appellant - Appeal allowed.

India - Kerala

Babu and Another VS State by Inspector of Police, Ambur Police Station, North Arcot District - 28 Oct 96

Presumption may be drawn that accused also committed the murder.

India - Madras

Shanmugam VS State rep. By Inspector of Police - 12 Oct 04

Offence committed by accused amounts to culpable homicide not amounting to murder.

India - Madras

Duraisamy VS State by The Inspector of Police, Vellakoil Police Station - 21 Jun 04

Murder committed by accused cannot be held to have been done owing to sudden provocation.

India - Madras

Md. Yousuf VS Ramagundam Notified Area Committed - 17 Aug 86

AP MUNICIPALITIES ACT, 1965, Sec 277 - Levy of market fee on birds brought for sale in a Municipal Market-Valid Held : The intendment of the Legislature under the Act appears to be that if any animal or in ethnological sense any living being is brought into the public market for sale or sold in such market, it is liable to for levy and collection of market-fee Birds would be considered to be animals for the purposes of the Act and when they are brought into the public market for Sale or sold in such market, they are liable for levy and collection of market fee WP Dismissed

India - Andhra