Review of Death Penalty XV

“It must be noted that though it may be a relevant consideration in sentencing that the evidence in a given case is circumstantial in nature, there is no bar on the award of the Death Sentence in cases based upon such evidence [Swamy Shraddananda v. State of Karnataka, (2007) 12 SCC 288; Ramesh v. State […]

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Untouchability

The primary function of the Courts is to interpret and apply the laws according to the will of those who made them and not to transgress into the domain of policy-­making. It is not for the Court to pronounce policy. It cannot term a particular policy as fairer than the other. Courts must exercise restraint. “Untouchability […]

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223 Kilograms of Poppy Straw

Sahi Ram was driving a Tavera, RJ27-TC-0323. The vehicle was searched, during which 7 bags of poppy straw, the gross weight being 223 kilograms, were found behind the driver’s seat. Sahi Ram was convicted for offence punishable under Section 8 r/w Section 15 of The NDPS Act; sentenced to suffer rigorous imprisonment for 15 years […]

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The Perfect Murder

The incident occurred on 01.05.1997. Additional Sessions Judge, Ambala adjudicated with finality on 09.06.1998. High Court of Punjab and Haryana adjudicated with finality on 05.03.2008. It wasn’t ever final. Smt. Gargi [Wife] was charged with the imputation that she killed Tirloki Nath [Husband] by strangulation and hung the dead body, as if it were a […]

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The Nature of Judicial Power: Hon’ble Justice R. Banumathi

King-Emperor v. Khwaja Nazir Ahmad, AIR 1945 PC 18 has been quoted with approval, several times. The functions of the Judiciary and the Police are ‘complementary’ and not ‘overlapping’. They must be left to exercise their own function, subject to exceptions. Investigation into crimes is the prerogative of the Police and excepting in ‘rare cases’ […]

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