Monday, 11 February 2019
According to Exception I to Section 300 IPC, culpable homicide is not murder if the offender causes the death of the person who gave the provocation, whilst deprived of the power of self-control by grave and sudden provocation. However, the First Proviso to Exception I provides that the provocation should be one which is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.
Sunday, 10 February 2019
Saturday, 9 February 2019
Evidence Law--Confession--Extra Judicial Confession--Conviction made on basis of extra judicial confession--Held; While dealing with a stand of extra judicial confession, Court has to satisfy itself that the same was voluntary and without any coercion and undue influence--Extra judicial confession can form the basis of conviction if persons before whom it is stated to be made appear to be unbiased and not even remotely inimical to the accused
Acquittal--A judgment of acquittal passed should not be interfered with when two views are possible. Benefit of doubt--When trial Court finds so many infirmities in the prosecution version then trial Court left with no choice but to give benefit of doubt to accused--Acquittal by trial Court should not be interfered with unless it is totally perverse or wholly unsustainable.
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