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Penal code, 1860

MANIKLAL SAHU versus STATE OF CHHATTISGARH

The injuries sustained by the deceased were sufficient in the ordinary course of nature to cause death and the fatal septic complications were attributable to those injuries; a delay of about nine months and the occurrence of complications during treatment do not automatically break the causal nexus or reduce the offence to an attempt under Section 307 IPC; consequently the High Court was in error in holding the matter to be one under Section 307 on that basis.

Source excerpt

  • Section 300 ipc
  • Section 302 ipc
  • Section 307 ipc
  • Causation and supervening causes
  • Medical evidence and septicemia
  • Attempt to murder vs murder
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Criminal law

SUBHASH AGGARWAL versus THE STATE OF NCT OF DELHI

The appeal was dismissed and the conviction and sentence affirmed because the proved circumstantial and forensic evidence (ownership and custody of the gun, gunshot residue on the accused's right hand, GSR on the deceased's clothing, medical and ballistic evidence indicating a close-range firearm wound, and the accused's false explanations at the scene and under Section 313 CrPC) formed a complete chain of circumstances that led only to the hypothesis of the accused's guilt; absence of a proved motive was not decisive where the circumstantial chain was complete.

Source excerpt

  • Filicide
  • Suicide
  • Circumstantial evidence
  • Chain of circumstances
  • Motive
  • Gunshot residue
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Juvenile justice

MANOJ @ MONU @ VISHAL CHAUDHARY versus STATE OF HARYANA & ANR

The appellant's plea of juvenility was rejected because the birth certificate was registered after filing the Section 7A application and thus unreliable, the school leaving certificate was shown to be doubtful/procured, the ossification opinion was not conclusive of age below 18, and the Family Register maintained under statutory rules supported a non-juvenile age; therefore the High Court's order setting aside the juvenile finding and directing trial as an adult was a tenable view and the appeal was dismissed.

Source excerpt

  • Determination of juvenility
  • Evidentiary value of family register
  • Reliability of ossification test
  • Admissibility and timing of birth certificate
  • Bonafides of plea; unclean hands
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Penal code, 1860

SANDEEP KUMAR AND OTHERS versus STATE OF UTTARAKHAND AND ANOTHER

The Supreme Court allowed the appeals, set aside the High Court conviction, and restored the Sessions Judge's acquittal because the prosecution failed to prove the death was unnatural or due to poisoning, FSL/post-mortem did not establish poison, evidence of dowry demand was contradictory and unreliable, Section 113B was not attracted on the facts, and there were insufficient or uninvestigated medical records suggesting tuberculosis as a possible cause of death.

Source excerpt

  • Dowry death (section 304b ipc)
  • Poisoning
  • Presumption under section 113b evidence act
  • Appellate review of acquittal
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Criminal law

SANJAY KHANDERAO WADANE versus STATE OF MAHARASHTRA

Where credible and trustworthy direct (eyewitness) evidence is available, medical opinion (including uncertainty about stomach contents/digestion) does not discredit the prosecution case; the prosecution’s evidence, especially that of the eyewitnesses and corroborating medical evidence about injuries, established the involvement and intent of the appellants in the homicidal act committed as part of an unlawful assembly with a common object to commit murder.

Source excerpt

  • Common object and unlawful assembly
  • Appreciation of medical evidence
  • Credibility of eyewitness testimony
  • Homicide
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Criminal law

P. EKNATH versus Y. AMARANATHA REDDY @ BABU & ANR.

The High Court's acquittal was perverse because it failed to appreciate and consider the credible ocular testimony of injured eyewitnesses, the autopsy evidence showing injuries by a sharp weapon, recovery at the accused's instance of a blood-stained sickle with FSL confirmation of human blood, motive (loan dispute), and other supporting circumstantial facts; accordingly the Supreme Court set aside the High Court order and affirmed the trial court conviction and sentence.

Source excerpt

  • Murder
  • Attempt to murder
  • Ocular evidence
  • Dying declaration
  • Fsl report and weapon linkage
  • Autopsy findings
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Criminal law

KRISHAN KUMAR MALIK versus STATE OF HARYANA

The conviction could not be upheld because the sole testimony of the prosecutrix contained significant and material contradictions and omissions (failure to name the appellant in the FIR, varying accounts of number of assailants, failure to identify the alleged kothi), medical evidence did not corroborate the prosecutrix's account, crucial investigative steps (identification parade, spot maps, examination of res gestae witnesses) were not undertaken, and semen found was not subjected to forensic/DNA analysis; these cumulative lacunae rendered the prosecution case unreliable and unsafe, warran…

Source excerpt

  • Rape
  • Abduction
  • Identification parade
  • Dna testing
  • Res gestae
  • Section 366 ipc
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Constitutional law

ARUNA RAMCHANDRA SHANBAUG versus UNION OF INDIA AND OTHERS

Petition dismissed; the Court held that passive euthanasia can be permitted in India under strict safeguards: decisions to discontinue life support for an incompetent person may be taken by parents, spouse, other close relatives, treating doctors or a next friend but such decisions require prior approval of the appropriate High Court under Article 226, which must follow the prescribed procedure (two-Judge Bench, independent three-doctor committee, notice to State and relatives/next friend, reasoned decision based on the patient's best interest). The Court found the petitioner (Aruna Shanbaug)…

Source excerpt

  • Euthanasia
  • Passive euthanasia
  • Withdrawal of life support
  • Permanent vegetative state
  • Brain death
  • Parens patriae
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Criminal law

HEERALAL YADAV versus STATE OF M.P. AND ORS.

The dying declaration, recorded by the doctor who certified the patient fit to make the statement and corroborated by other attending circumstances, provides a trustworthy basis for conviction under Section 302/34 IPC. The High Court erred by not discussing the veracity or creditworthiness of the dying declaration or the doctor's testimony, and its reversal of the trial court's conviction constituted grave miscarriage of justice.

Source excerpt

  • Evidence
  • Dying declaration
  • Miscarriage of justice
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Criminal law

JAIPAL versus STATE OF HARYANA

The conviction under Section 302 IPC was unsustainable because the prosecution failed to prove the chain of circumstantial evidence beyond reasonable doubt: medical and forensic evidence did not conclusively establish death by aluminium phosphide, there were material lapses by police in preserving scenes and samples and in linking vomitus to the deceased, witness statements and timings were inconsistent, and motive/possession/opportunity were not established; accordingly appeal allowed and accused acquitted.

Source excerpt

  • Poisoning
  • Circumstantial evidence
  • Motive
  • Opportunity
  • Forensic science laboratory report
  • Post-mortem evidence
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.