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 […]

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Review of Death Penalty VI

The Appellant was convicted and awarded Capital Punishment; confirmed by the High Court of Madhya Pradesh. Ruby was married to Sanjay. Appellant ‘coveted’ her; ‘warned’ her that 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 the […]

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4 Kilograms of Opium

“The NDPS Act carries a reverse burden of proof under Sections 35, 54. Section 35(2) provides that 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 […]

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Section 306, Indian Penal Code

“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 to […]

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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 […]

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Extra Judicial Confessions II

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

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Setting Aside, Acquittal Orders II

Stories, Locking Key, Weapons, Blood Stains, Fingerprints, Hair, Robbed Items, Murdered Bodies, Accused: Recovered. Trial Court: Capital Punishment. 2:1 High Court: Acquittal. Hon’ble Justice Mohan M. Shantanagoudar, Ashish Jain v. Makrand Singh, [Criminal Appeal No. 1980 of 2008]: Acquittal “We have re-appreciated the entire evidence. No whisper of an important fact / crucial piece of […]

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