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Showing posts with the label IPC1860

SUPREME COURT: Death sentence imposed by Trial Court and confirmed by the High Court converted into life imprisonment.

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LATEST JUDGEMENT SUPREME COURT: Death sentence imposed by Trial Court and confirmed by the High Court converted into life imprisonment. The Supreme Court in the judgement dated 24.04.2020 in the case of  Arvind Singh Versus State of Maharashtra Criminal Appeal Nos. 640-641 OF 2016  directed against the judgement and order  passed by the High Court of Judicature at Bombay (Nagpur Bench) on 5th May, 2016 whereby the appeals filed by the appellants  against their conviction for  offences punishable under Section 364A read with Section 34 of  the Indian Penal Code, 1860  and Section 302 read with Section 34  IPC was dismissed by confirming the death sentence imposed upon  them by the learned Sessions Judge, Nagpur. The Supreme Court while considering all the circumstances and facts on record, opined that the present case falls short of the “rarest of rare” cases where a death sentence alone deserves to be awarded to the appellants.  The...

Husband's entitled for decree of divorce on ground of cruelty. HMA, 1955 Section 13(1)(i-a) - IPC, 1860 Section 498A Divorce - Cruelty - Acquittal in Trial against offence under Section 498A

Rani Narasimha Sastry v. Rani Suneela Rani (SC) SUPREME COURT OF INDIA Before :- Ashok Bhushan and Navin Sinha, JJ. Civil Appeal No.8871 of 2019 (Arising out of SLP(Civil) No. 1981 of 2019). D/d. 19.11.2019. Rani Narasimha Sastry - Appellants Versus Rani Suneela Rani - Respondents For the Appellants :- Petitioner-in-person. For the Respondents :- Mr. Rana Mukherjee, Sr. Advocate (A.C.) with Mrs. Neha Sharma and Ms. Surabhi Guleria, Advocates. IMPORTANT Cruelty - Acquittal in Trial against offence under Section 498A - Husband's entitled for decree of divorce on ground of cruelty. Hindu Marriage Act, 1955 Section 13 (1)(i-a) - Indian Penal Code, 1860 Section 498A Divorce - Criminal case under Section 498A - Cruelty - When a person undergoes a trial in which he is acquitted of allegation of offence under Section 498A of IPC, levelled by wife against husband, amounts to cruelty on husband - Husband entitled to decree of divorce - Direction to hus...

Culpable Homicide and Murder under IPC 1860

Culpable Homicide / Murder under IPC Culpable Homicide / Murder Meaning : the word Homicide derived from Latin words Homo and Cido. Homo means human and Cido means killing by a human. So Homicide means the killing of a human being by a human being. Culpable means criminal manner or punishable by law. So in short Culpable homicide  means death through human agency punishable by law. or So culpable homicide means killing a human being by a human being in a criminal manner Thus, Culpable Homicide means killing of a human being by another human being in a blameworthy or criminal manner. Chapter XVI Sections 299 to 304 of IPC DEALS WITH CULPABLE HOMICIDE AND MURDER Section 299 and Section 300 Indian Penal Code, 1860, deals with the definition of culpable homicide and murder respectively. Culpable homicide by causing death of person other than person whose death was intended is provided in sec-301 and 302 of the IPC provided punishment of murder, punishment of murder of a lif...