Killing a Person by Putting on Fire : Murder Accused Acquitted

 Killing a Person by Putting on Fire : Murder Accused Acquitted

Section 302 of IPC says that one can be sentenced to death or life imprisonment and will also be fined if murder is committed. Section 374 of Code of Criminal Procedure, 1973 even permits an appeal directly to Hon'ble Supreme Court. Section 374 (4) of the Code prescribes a time limit of 6 months. Section 375 of the Code of Criminal Procedure, 1973 also prohibits an appeal against conviction in certain situations. Section 424 of Code of Criminal Procedure, 1973 explains what may happen when fine is not paid. 

In an interesting case citation [2013] GCtR 3122, a person was facing accusation of committing the murder of another person by putting that person on fire. Finally, in [2013] GCtR 3122, the appeal of accused was allowed after more than 15 years of the occurrence of the alleged offence and the accused was found not guilty. The order of conviction passed by the Ld. Trial Court was found not to be based on evidence. [2013] GCtR 3122 then explains the limitations within which a Judge conducting a trial has to function. [2013] GCtR 3122 also becomes useful in evaluating oral evidence in trials where allegations of commission of the offence of murder are there. 

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957.

 

Killing of a Married Woman ; Murder Accused Acquitted

 Killing of a Married Woman ; Murder Accused Acquitted 

Culpable homicide has its definition in Section 299 of IPC ; what can be murder can be seen from S.300 of IPC. Even for S.299, death has to occur. 

In case citation [2013] GCtR 2952, the accused person charged for committing murder of a woman has been acquitted and the Trial Court's Order convicting the accused have been set aside. 

The body was identified. Post mortem was conducted. The information regarding death was received during winter. After some time, the accused was arrested and arrest memo was prepared. Some of the persons who were alleged to have killed the woman were known to the victim. No firearm was used here. Items were seized vide seizure memo. Charges were framed against the accused person. 

Prosecution had examined more than 17 witnesses. 

Case citation [2013] GCtR 2952 highlights important issues which can be useful in putting forth arguments supporting the acquittal of a person facing allegations of the offence of murder. 

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.   

Killing of a Man by a Woman : Accused Acquitted

 Killing of a Man by a Woman : Accused Acquitted 

Indian Penal Code, 1860 contains Section 300. Section 300 says that unless exceptions are there, culpable homicide is murder if the act by which the death is caused is done with the intention of causing death, if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.

In the case citation [2010] GCtR 2950, a woman was alleged to have been involved in the killing of a man. However, the Order of conviction of the accused woman was set aside and the woman was found entitled to acquittal after 15 years of the date of occurrence of the offence.

The victim was a married man. 

The prosecution had a witness who was stated to be an eye-witness to the killing of the man. The accused persons had not used any particular weapon like knife/danda/firearms to cause the killing of the man. The body of the victim was found at the place different that the place where the alleged killing of the man took place.  

It was noted that the manner of actual killing of the man was not the one which was described by the prosecution and the statement of one of the prosecution witness was found to be not reliable. What was also noted was the variation in the statement made under Section 161 of Code of Criminal Procedure, 1973 and the statement during examination by the witness of prosecution. 

[2010] GCtR 2950 is useful from the point of how to bring out the contradiction in the statements of the prosecution witness who has been claimed to be an eyewitness to the offence of murder.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.   

Murder by Stabbing Alleged : Accused Acquitted

 Murder by Stabbing Alleged : Accused Acquitted 

Murder has its own importance in law. Section 300 of Indian Penal Code, 1860 describes situations when culpable homicide is murder. The illustration (a) to Section 300 of IPC says this : "A shoots Z with the intention of killing him. Z dies in consequence. A commits murder."

In the case citation [2010] GCtR 2949, a person was facing allegations of committing the offence of murder of a woman ; however the observation of Trial Court convicting the accused was set aside and accused was found entitled to acquittal. The allegations were made against a man. 

An FIR was registered. The alleged weapon was seized. The body of the woman who died was sent for post mortem examination. Few men identified the body of the woman. However, the accused man pleaded not guilty. 

Prosecution examined more than 9 witnesses. The medical officer could not give definite opinion on one specific issue. Accused, on the other hand, argued that he has been falsely implicated in this alleged murder of a woman. 

After adverting to the principles enunciated by two Judgments of Hon'ble Supreme Court, the accused was found entitled to acquittal and Order of conviction was set aside. 

[2010] GCtR 2949 brings out vital legal issue on identification of seized items in criminal trial and how it can be utilised by accused to advance his arguments on acquittal.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.