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Criminal law

TARUN SHARMA versus STATE OF HARYANA

The conviction could not be sustained because the dying declaration (Exh. P-34) suffered grave infirmities—absence of recorded time, failure of the recording officer to record satisfaction as to fitness, non-identification and non-examination of the doctor who gave the fitness certificate (Exh. P-33), absence of contemporaneous medical records, and material contradictions with eye-witness testimony (notably PW-1 who said the deceased remained unconscious and could not speak); additionally, the recovery of the knife lacked scientific corroboration. These factors rendered the primary evidence u…

Source excerpt

  • Dying declaration
  • Hostile witness
  • Recovery and scientific corroboration
  • Right to fair trial
  • Amicus curiae appointment
  • Fitness certificate
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Penal code, 1860

SUKHDEV YADAV @ PEHALWAN versus STATE OF (NCT OF DELHI) & OTHERS

Where a superior court (High Court or Supreme Court) has imposed life imprisonment by explicitly fixing it as a finite term of actual imprisonment (here, twenty years) without consideration of remission, upon completion of that specified term the convict has completed the sentence and is entitled to be released forthwith if not wanted in any other case; the convict is not obliged to apply for remission and the Sentence Review Board cannot override the judicially determined sentence.

Source excerpt

  • Life imprisonment
  • Fixed-term life sentence without remission
  • Remission of sentence
  • Release on completion of sentence
  • Parole
  • Furlough
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Criminal law

SATAURAM MANDAVI versus THE STATE OF CHHATTISGARH & ANR.

Article 20(1) of the Constitution prohibits retrospective imposition of a harsher penalty; since the offence was committed on 20.05.2019 and the 2019 amendment to Section 6 POCSO came into force on 16.08.2019, the enhanced definition of 'imprisonment for life' could not be applied; conviction under Section 6 is upheld but sentence modified to rigorous imprisonment for life as per the unamended statute, and the sentence of imprisonment for the remainder of natural life is set aside.

Source excerpt

  • Retrospective application
  • Sentencing
  • Article 20(1)
  • Pocso act s.6
  • Life imprisonment
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Indian penal code, 1860

SAKHAWAT AND ANR. versus STATE OF UTTAR PRADESH

Where three of four material eyewitnesses had admittedly filed affidavits during bail proceedings exonerating the appellants and the Investigating Officer failed to file counter-affidavits or to carry out further investigation (including not recording supplementary statements or sending affidavits for expert examination), and the prosecution suppressed those affidavits, the prosecution failed to carry out a fair investigation; in those circumstances it was unsafe to uphold convictions based largely on the testimony of the informant, and the convictions were set aside and appellants acquitted.

Source excerpt

  • Murder
  • Fair investigation
  • Affidavits by eyewitnesses
  • Suppression of evidence
  • Bail
  • Life imprisonment
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Criminal law

SACHIN versus THE STATE OF MAHARASHTRA

The orders of the High Court and consequent orders of the Special Court were erroneous and set aside; the original sentence of rigorous imprisonment for seven years as imposed by the Special Court survives, and because the appellant has already undergone eleven years and eight months of incarceration (more than the original sentence), the Supreme Court, exercising its powers under Article 142, restored the original sentence and directed that the appellant be released forthwith; the pending Criminal Appeal on the High Court file is rendered infructuous and disposed of.

Source excerpt

  • Sentence modification
  • Life imprisonment
  • Article 142
  • Pocso
  • Release from custody
  • Complete justice
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Criminal law

SURESH versus STATE REP. BY INSPECTOR OF POLICE

The dying declaration could not be the sole basis for conviction because the deceased had earlier given two statements inconsistent with the later statement recorded on 18.09.2008, there was no independent corroboration of the allegation that the appellant poured kerosene and set the deceased on fire (medical evidence recorded no smell of kerosene, seizure witnesses turned hostile and the Mahazar was delayed), and on the whole evidence reasonable doubt remained; therefore the appellant was entitled to acquittal.

Source excerpt

  • Dying declaration
  • Corroboration
  • Benefit of doubt
  • Conviction under section 302 ipc
  • Life imprisonment
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Criminal law

BHAGGI @ BHAGIRATH @ NARAN versus STATE OF MADHYA PRADESH

The conviction under Section 376AB, IPC (and Section 363, IPC) was confirmed; the capital sentence was commuted to rigorous imprisonment for a fixed term of 30 years (to include the period already undergone and any set-off ordered by the trial court); the fine to meet medical expenses and rehabilitation was quantified at Rupees One Lakh to be paid to the victim (added to any fine under Section 363, IPC); imprisonment under Section 363, IPC to run concurrently; no separate sentence under the POCSO Act to be imposed because of the alternate punishment provision; and the convict shall not be rel…

Source excerpt

  • Capital punishment
  • Commutation of sentence
  • Life imprisonment
  • Rape of a minor
  • Fine for medical expenses and rehabilitation
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Criminal law

RAJO @ RAJWA @ RAJENDRA MANDAL versus THE STATE OF BIHAR & ORS.

The Remission Board’s rejection of the petitioner’s premature release was unsustainable because it relied predominately on perfunctory, inadequately reasoned opinions of the presiding judges and on an inapplicable ineligibility rule from the 2002 policy; Section 432(2) requires reasoned judicial opinion and the Board must take a holistic view of all reports (probation, jail, police, post-conviction conduct, remissions earned, health, age, possibility of reintegration) and reconsider the application afresh with a reasoned presiding judge’s report addressing the Laxman Naskar factors within the…

Source excerpt

  • Remission
  • Life imprisonment
  • Executive clemency
  • Section 432 crpc procedure
  • Presiding judge's opinion weight
  • Sentencing principles
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Criminal law

NAGARATHINAM versus STATE THROUGH THE INSPECTOR OF POLICE

The Court declined to convert the conviction under Section 302 IPC to Section 304 Part I IPC because the facts did not satisfy the exceptions in Section 300 IPC, but held that the State unjustifiably rejected the State Level Committee's positive recommendation for premature release under G.O.(Ms) No.64 dated 01.02.2018 and therefore set aside G.O.(D) No.1127 dated 24.09.2019 and directed the appellant's release in accordance with the State order governing premature release.

Source excerpt

  • Murder
  • Attempted suicide
  • Premature release of life convicts
  • Life imprisonment
  • Sections 302 and 309 ipc
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Criminal law

DIGAMBAR versus THE STATE OF MAHARASHTRA

The Supreme Court upheld the concurrent findings of guilt under Section 302 IPC against both appellants but held that the case was not 'rarest of rare' warranting death penalty for Digambar given lack of brutality (single injuries), absence of criminal antecedents, young age, and positive probation/prison reports indicating reform potential; accordingly Digambar's death sentence was commuted to life imprisonment while Mohan's life sentence was affirmed. The Court also treated the accused's surrender to police as relevant conduct under Section 8 Evidence Act and found the accused failed to dis…

Source excerpt

  • Rarest of rare doctrine
  • Death penalty
  • Life imprisonment
  • Last seen evidence
  • Extra-judicial confession
  • Burden under section 106 indian evidence act
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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.