“Accused were awarded Death Penalty by Learned Sessions Court. The 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, […]
Read more "Review of Death Penalty X"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 […]
Read more "In Re: Death Penalty"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 […]
Read more "Review of Death Penalty IX"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, mastermind is going to flee to Chile, Netherlands, Switzerland […]
Read more "The Indo-European Extradition Treaty II"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. The Trial Court awarded Death Sentence. Learned Senior Counsel Sanjay R. Hegde drew attention of the Court to the […]
Read more "Review of Death Penalty VIII"“In Indian Oil Corpn, (2006) 6 SCC 736, a Two Judge Bench reviewed the precedents on the exercise of jurisdiction under Section 482. A criminal proceeding can be quashed where the allegations made in the complaint do not disclose the commission of an offence under The Penal Code. Though the law does not require that […]
Read more "Section 482 of The Code of Criminal Procedure, 1973 IV"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 the armed accused, without any instigation or provocation. The incident took place at about 6.00 a.m. on 9.11.1995. […]
Read more "I, Eye-Witness"