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Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence and Overt Act. Conviction under Section 302 read with Section 34 IPC Set Aside as Mere Presence Without Specific Role or Criminal Conspiracy Insufficient to Establish Common Intention.

The Supreme Court considered an appeal by accused Mukesh challenging his conviction under Section 302 read with Section 34 of the Indian Penal Code fo...

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Supreme Court Set Aside High Court’s Conviction Order – Mere Presence at the Scene of Crime Not Sufficient to Prove Unlawful Assembly. High Court erred in reversing the acquittal – No cogent evidence to establish participation in rioting – Conviction unsustainable in law

Unlawful Assembly Requires Participation – Mere presence in a riot-affected area does not automatically make a person part of the unlawful assembly ...

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Supreme Court Modified Conviction from Section 302 IPC to Section 304 Part I IPC Due to Lack of Premeditation. Sudden Fight Over Agricultural Land Dispute—No Premeditation—Conviction Altered to Culpable Homicide Not Amounting to Murder

A sudden fight without premeditation, even if leading to death, does not constitute murder under Section 302 IPC but falls under Section 304 IPC. Test...

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Supreme Court Dismissed Appeals of Convicts – Life Imprisonment Confirmed. Conviction Under Sections 148 and 302 Read with Section 149 of the Indian Penal Code, 1860 – Accused’s Plea of Alibi Rejected

Consistent and corroborated eyewitness testimonies established the guilt of the accused beyond reasonable doubt. Plea of alibi must be conclusive...

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High Court of Bombay, Nagpur Bench, Overturns Conviction Under Section 302 IPC, Citing Flaws in Prosecution’s Case and Unreliable Witness Testimony. Acquittal in Murder Case Due to Lack of Convincing Evidence and Benefit of Doubt

Delay in FIR and Suppression of Information:– The court held that the delay in lodging the FIR and suppression of initial information raised serious...

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Acquittal in Murder Case Based on Incomplete Circumstantial Evidence. Supreme Court Overturns Conviction Due to Broken Chain of Circumstantial Evidence and Lack of Motive

The Supreme Court allowed the appeal and acquitted the appellant of all charges. The Court held that the prosecution failed to establish a complete ...

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Supreme Court Reinstates Conviction in Wife’s Murder Case, Overturns High Court’s Acquittal. Tagline Child Witness’s Testimony Deemed Reliable; Circumstantial Evidence and Accused’s Silence Under Section 106 of Evidence Act Seal Conviction

Child Witness : Competency, Tutoring, Corroboration-The Supreme Court held that the testimony of a child witness is admissible if the child is c...

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Supreme Court Upholds Conviction in Murder Case Based on Unchallenged Eyewitness Testimony. Concurrent findings of fact by Trial Court and High Court not interfered with as evidence of eyewitnesses remained unshaken despite minor contradictions.

The Supreme Court dismissed an appeal against the conviction of Sakhawat and Mehndi (appellants) for the murder of Sukha and attempt to murder PW-7 un...