Review of Death Penalty X

“Accused were awarded Death Penalty by Learned Sessions Court. High Court confirmed the Death Penalty so far as A1, A2 and A4 were concerned. The case rests on the deposition of two eye-witnesses, PW1 & PW8. Neither PW1 nor PW8 gave details about the description of the culprits – heights, hair, facial features, complexion, beard […]

Referred to Larger Bench XVII: Illegal Gratification I

Ravjit Singh Sethi received a phone call from Mrs. Neeraj Dutta [LDC, Delhi Vidyut Board]. She demanded Rupees Fifteen Thousand which was reduced to Rupees Ten Thousand. FIR. Rupees Ten Thousand was paid. Mrs. Neeraj Dutta handed over same to Yogesh Kumar [Driver]. Shadow Witness, S.K. Awasthi and Inspector O.D. Yadav arrived. Phenolphthalein Test. Hands […]

In Re: Death Penalty

Religion is complex; difficult to comprehend; often open to interpretation. Which religion considers death to be a penalty and which religion considers death to be an award? It can be reasonably concluded Criminal Law of India considers death to be a punishment. In recent times, there have been several Judgments of the Supreme Court of […]

Review of Death Penalty IX

Jagdish murdered his wife and children; one wife and five children, to be precise [20.08.2005]. Trial Court – Death Sentence [24.04.2006]; High Court – Death Sentence [27.06.2006]; Supreme Court – Death Sentence [18.09.2009]; President – Death Sentence [16.07.2014]. It was argued that Jagdish has been incarcerated for almost 14 Years and Death Sentence would mean […]

The Indo-European Extradition Treaty II

Following Hon’ble Justice Madan B. Lokur, Ministry of External Affairs corrected that India has an Extradition Treaty with Chile since 1897. Interestingly, India has an Extradition Treaty with Netherlands since 1898, with Switzerland since 1880, with Belgium since 1901. Thus, it is predictable that no fugitive or mastermind is going to flee to Chile, Netherlands, […]

Review of Death Penalty VIII

Accused was a 22-Year-Old B.SC. student at the time of incident, and used to impart tuitions in the town of Lahar and in the village where he used to live. He had no prior criminal history. Trial Court awarded Death Sentence. Learned Senior Counsel Sanjay R. Hegde drew attention to the fact he was just […]

Section 482 of The Code of Criminal Procedure, 1973 IV

“In Indian Oil Corpn, (2006) 6 SCC 736, a Two Judge Bench reviewed precedents on exercise of jurisdiction under Section 482. A criminal proceeding can be quashed where allegations made do not disclose commission of an offence under The Penal Code. Though law does not require a complaint to reproduce legal ingredients of a offence […]

I, Eye-Witness

Md. Aziz Ali, Md. Kutub Ali, Md. Mamud Ali and Samir Ali, fast asleep in their home in the early hours of the morning, oblivious to their imminent fate, were mercilessly murdered in a barbaric manner by armed accused, without any instigation or provocation. The incident took place at about 06.00 A.M. on 09.11.1995. Though […]

Section 405/406, Indian Penal Code II

“Turning to Section 405 read with Section 406, IPC we observe that the dispute arises out of a loan transaction between the parties. The law clearly recognizes a difference between simple payment/investment of money and entrustment of money or property. A mere breach of a promise, agreement or contract does not, ipso facto, constitute the […]

Tiny Habits of Police Investigation

The Detective Diaries is a continuation of his first book, Murder in the City. Discerning readers will spot changes in investigative techniques. I wish you a thrilling literary journey ahead. – Rajeev Kumar, Commissioner of Police, Kolkata [20/12/2018]. _____ At various stages of writing, I have received invaluable help from colleagues, past and present, for […]

Referred to Larger Bench XIV Answered: 2 Gunny Bags of Charas

My Lord, Informant-Investigating Officer? “The principle of fair trial now informs and energizes many areas of the law. Societal interest mandates, Mohan Lal cannot be allowed to become a spring board for being catapulted to acquittal, irrespective of all other considerations. If the facts in Mohan Lal were telling with regard to the prosecution, the […]

Complex Economic Hawala / Section 204 of The Code of Criminal Procedure, 1973

“We fully endorse Justice B.K. Rathi’s view in Raj Kumar Agarwal, 1999 Cr.LJ 4101. The standard to be adopted for summoning the accused under Section 204, Cr.P.C. is not the same at the time of framing the charge; it must be seen only whether there is sufficient ground for proceeding against the accused; fact that […]

Section 195 of The Code of Criminal Procedure, 1973 I

“This Court in Chajoo Ram, (1971) 1 SCC 774 held, prosecution under Section 195 could be initiated only by the sanction of Court and only if the same appears to be deliberate and conscious. The category of offences which fall under Section 195(1)(b)(i) refer to the offence of giving false evidence and offences against public […]

Review of Death Penalty VII

High Court of Madhya Pradesh confirmed the Death Sentence. Learned Senior Counsel, Sri Sanjay R. Hegde contended: there is no acceptable and convincing evidence to prove guilt beyond reasonable doubt; prosecution has failed to prove concept of ‘last seen’; no examination/consideration of mitigating circumstances/relevant aspects: socio-economic background, lack of criminal antecedents, possibility of reform; no […]

Review of Death Penalty VI

Appellant was convicted and awarded Capital Punishment, confirmed by High Court of Madhya Pradesh. Ruby was married to Sanjay. Appellant ‘coveted’ her; ‘warned’ her, he would not allow her to ‘live with anybody else’; ‘threw acid’, burning and injuring family members, killing her. There is no ‘conjecture’, ‘surmise’ or ‘inference’ in narration of witnesses; evidence […]

Referred to Larger Bench XIV: 4 Kilograms of Opium

“We find it difficult to accept the view taken in Mohan Lal. It was held, a fair investigation, which is but the very foundation of fair trial, necessarily postulates, the informant and the investigator must not be the same person. Some have maintained a distinction in that where the investigation was conducted by the informant […]

4 Kilograms of Opium

“The NDPS Act carries a reverse burden of proof under Sections 35, 54. Section 35(2) provides, a fact can be said to have been proved if it is established beyond reasonable doubt and not on preponderance of probability. Article 21 of the Constitution would be a hollow promise if the investigation were not to be […]

Section 306, Indian Penal Code I

“It is no doubt true that Arvind committed suicide on 23.02.2002. There is also no dispute that Arvind blamed Rajesh [Wife’s Brother]. In order to bring a case within the purview of Section 306, IPC there must be a case of suicide and in the commission of the said offence, the person who is said […]

Review of Death Penalty V

Appellant was a driver working with Swargate S.T. Depot, Pune. On 25.01.2012 he had requested for changing his ‘night out duty’ to ‘single day duty’. After his request was declined, he ‘hijacked’ a S.T. Bus; ‘crushed to death’ 2-3; ‘killed’ 6; ‘grievously injured’ / ‘permanently disabled’ 36; ‘damaged’ public property. Appellant was not in a […]

Extra Judicial Confessions II

“It is true, an extra-judicial confession is used against its maker but as a matter of caution, it is advisable for Court to look for a corroboration with other evidence on record. In Gopal Sah, (2008) 17 SCC 128 this Court held, an extra-judicial confession is, on the face of it, weak evidence and Court […]

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