Culpable homicide Archives

Absence of premeditation leads to Delhi High Court modifying murder conviction to culpable homicide not amounting to murder; Convict to be released

Based on the weapon used for inflicting injuries to the deceased was a very heavy danda with nodes therein, the Trial Court has convicted the appellant for offence punishable under Section 302 IPC. However, it failed to appreciate the fact that the alleged offence was not committed by pre-meditation.

Case Briefs Supreme Court

Supreme Court| No stereotypical assumption that where death occurs after a lapse of time, the offence is of culpable homicide

The Supreme Court upheld the conviction order passed by Chhattisgarh High Court, and further held that a lapse of time in death would not per se constitute a determinative factor as to diminish the offender’s liability from the offence of murder to that of culpable homicide, not amounting to murder.

Case Briefs High Courts

Madras High Court sets aside conviction of a woman who set her minor daughter on fire for offence under Section 302 IPC; Commutes Life sentence to 10 years RI

Madras High Court while dealing with the question that whether the mother had the intention to commit the murder of her daughter, set aside the conviction and sentence of the convict for the offence under Section 302 IPC and convicted her for offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment

Case Briefs High Courts

[Pilibhit encounter 1991] Allahabad High Court commutes life sentence of 43 police personnel to seven years' rigorous imprisonment

“It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police must arrest the accused and put them up for trial”.

Case Briefs High Courts

Andhra Pradesh High Court acquits a man accused of culpable homicide not amounting to murder; set aside conviction order of Session Court

Without there being any evidence as to the presence of the accused in the house at the time of the death of the deceased, especially when the material witnesses turned hostile, convicting the accused basing on the assumptions and presumptions by the Sessions Court was erroneous.

Case Briefs High Courts

Delhi High Court sets aside conviction 19 years after the verdict over lost Trial Court’s records

The conviction and sentence awarded to a man in 2003 for culpable homicide not amounting to murder has been set aside by the Delhi High Court more than 19 years after the appeal was filed, due to the persistent inability to locate or reconstruct the trial court record.

Case Briefs High Courts

‘Not planned but committed in sudden spur of the moment’; Bombay High Court reduces father-brother’s LI to 10 years RI for killing girl’s lover

Bombay High Court : In an appeal filed questioning the legality of Judgment and convicting both Appellants i.e. a father

Op Eds OP. ED.

Whether the Defence of Grave and Sudden Provocation be Applied in the Cases of Prolonged Provocation

by Nidhi Pandey*

Case Briefs High Courts

Findings of Trial Court based on surmise and conjecture, opposed to any reason, rationality, principles of evidence and natural justice; Calcutta High Court acquits in matter of 304 IPC

Calcutta High Court: Sugato Majumdar, J. allowed a criminal appeal which was assailed against the judgment and order of Additional Sessions Judge

Case Briefs High Courts

[Honour Killing] Raj HC | Exercising judicial discretion as well as invoking the sense for exercising judicial discretion lies with the Court; Rejects bail

Rajasthan High Court: Farjand Ali, J. dismissed the bail application of petitioner being accused of honour killing and observed that the investigating

Case Briefs Foreign Courts

SL CoA | Trial Judge failed to duly appreciate the mitigatory circumstances; Court allows appeal for granting a non-cutodial sentence in terms of S. 336 of the CCPA

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of N. Bandula Karunarathna and R. Gurusinghe, JJ.

Case Briefs High Courts

Husband killed wife brutally in a heat of passion leaving husband with a wounded pride: Bom HC decides whether the said offence will come under “Murder” or “Culpable Homicide not amounting to Murder”

Bombay High Court: Stating that, in the moment of anger spouses almost forgot about the two children who were hardly three years

Case Briefs Supreme Court

Chased and killed in the mid night much after the altercation, even after the deceased reached his house. Cold blooded murder or culpable homicide not amounting to murder? SC decides

Supreme Court: In a case relating to murder versus culpable homicide legal controversy, the Division Bench of M.R. Shah* and B.V. Nagarathna,

Case Briefs High Courts

Wife subjected husband to humiliation by publicly calling him impotent and abusing him resulting in assault by husband: Husband will be convicted for murder or culpable homicide? Bom HC analyses

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., modified the conviction of a husband who

Case Briefs Supreme Court

Explained| When does the intention to cause death becomes irrelevant to prove an offence under Section 300 “Thirdly” IPC?

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that once the prosecution establishes the existence of

Case Briefs Supreme Court

Explained| How to know if a homicide is a ‘murder’ or ‘culpable homicide not amounting to murder’?

Supreme Court: The bench of KM Joseph and S. Ravindra Bhat*, JJ has reiterated the factors to be considered while deciding the

Case Briefs High Courts

Del HC | What is the most crucial element to be determined while finding a person guilty under attempted culpable homicide – S. 308 IPC? Vegetable seller beaten up on failing to provide money for conducting business outside Okhla Sabzi Mandi

Delhi High Court: Subramonium Prasad, J., while addressing an issue with respect to culpable homicide expressed that: “…crucial to determine whether the