Shankar Narayan Bhadolkar was convicted of murdering Pandurang Varambale by shooting him with a gun at a dinner party. Bhadolkar claimed it was an accident during a struggle over the gun, which he said was loaded with blank cartridges. However, the court found Bhadolkar guilty of murder under Sections 302 and 201 of the Indian Penal Code, as well as Section 25 of the Arms Act, and sentenced him to life imprisonment. The High Court upheld the conviction, finding the case fell under clauses 1 and 3 of Section 300, involving intention to cause death or knowledge that the act was likely to cause death.
- Raman Raghav was a serial killer active in Mumbai, India from 1965-1968 who was convicted of 5 murders. He confessed to potentially 45 total murders.
- He had a difficult childhood and lacked a stable family structure. He engaged in petty crimes from a young age.
- In 1966-1968 multiple unsolved murders occurred in Mumbai with the same modus operandi of bludgeoning victims' heads. Raman was identified as the killer after police retrieved his fingerprints and an acquaintance identified him.
- He was diagnosed with paranoid schizophrenia but found fit to stand trial. He was initially sentenced to death but this was later commuted to life in prison. He died in 1988 while imprisoned.
Raman Raghav was a serial killer in Mumbai, India from 1965-1968 who murdered over 40 people. He targeted poor victims who were sleeping on the streets, killing them by hitting them with heavy objects. The police investigation took 3 years to identify Raghav as the killer. When arrested, psychological evaluations found he suffered from chronic paranoid schizophrenia. He was sentenced to life in prison instead of the death penalty due to his mental illness. Raghav died in prison in 1995 from kidney disease.
The document summarizes the timeline of events and inconsistencies in the investigation of the murders of Aarushi Talwar and Hemraj in Noida, India in 2008. It describes how the initial investigation by the UP police was botched, evidence was mishandled, and how the CBI took over the case. It outlines inconsistencies in the evidence used to convict Aarushi's parents and points to other potential suspects, like the domestic help Krishna. The document concludes that the case against the Talwars was built on contradictory evidence and sensationalized media coverage rather than forensics or facts.
A mentally handicapped father is falsely accused of a crime and sent to prison, where he is sentenced to death. His daughter, a law student, works to prove his innocence. She develops a plan to demonstrate that her father was not capable of the crime and could not have committed the murder he was accused of. The summary raises the question of whether the daughter's plan will be successful in overturning her father's wrongful conviction and death sentence.
This document discusses various aspects of medical evidence and the law as it relates to courts. It covers:
1) Different types of laws including common law, statute law, criminal law, and civil law. 2) Principles guiding courts including presumption of innocence and benefit of doubt. 3) Types of courts including civil, criminal, and mixed jurisdiction courts. 4) Medical evidence and a doctor's role as an expert witness in court. 5) Factors affecting criminal responsibility such as insanity, intoxication, and age.
Aarushi case dr rajesh & nupur are innocentRahulsh
Much hyped case of Aarushi- Hemraj murder has drawn enormous attention in past 5 years partly because how it was portrayed in media and partly because half baked information is in public domain. Here is an attempt to share some information, which is largely rebuttle of charges which trial court judge used to base his judgement of life imprisonment to the parents of Aarushi.
The document discusses various types of injuries including abrasions, contusions, lacerations, incised wounds, stab wounds, and puncture wounds. It describes the features of each type of injury, how to determine the age of an injury, and the potential medico-legal significance including identifying weapons and determining the manner of injury.
- Raman Raghav was a serial killer active in Mumbai, India from 1965-1968 who was convicted of 5 murders. He confessed to potentially 45 total murders.
- He had a difficult childhood and lacked a stable family structure. He engaged in petty crimes from a young age.
- In 1966-1968 multiple unsolved murders occurred in Mumbai with the same modus operandi of bludgeoning victims' heads. Raman was identified as the killer after police retrieved his fingerprints and an acquaintance identified him.
- He was diagnosed with paranoid schizophrenia but found fit to stand trial. He was initially sentenced to death but this was later commuted to life in prison. He died in 1988 while imprisoned.
Raman Raghav was a serial killer in Mumbai, India from 1965-1968 who murdered over 40 people. He targeted poor victims who were sleeping on the streets, killing them by hitting them with heavy objects. The police investigation took 3 years to identify Raghav as the killer. When arrested, psychological evaluations found he suffered from chronic paranoid schizophrenia. He was sentenced to life in prison instead of the death penalty due to his mental illness. Raghav died in prison in 1995 from kidney disease.
The document summarizes the timeline of events and inconsistencies in the investigation of the murders of Aarushi Talwar and Hemraj in Noida, India in 2008. It describes how the initial investigation by the UP police was botched, evidence was mishandled, and how the CBI took over the case. It outlines inconsistencies in the evidence used to convict Aarushi's parents and points to other potential suspects, like the domestic help Krishna. The document concludes that the case against the Talwars was built on contradictory evidence and sensationalized media coverage rather than forensics or facts.
A mentally handicapped father is falsely accused of a crime and sent to prison, where he is sentenced to death. His daughter, a law student, works to prove his innocence. She develops a plan to demonstrate that her father was not capable of the crime and could not have committed the murder he was accused of. The summary raises the question of whether the daughter's plan will be successful in overturning her father's wrongful conviction and death sentence.
This document discusses various aspects of medical evidence and the law as it relates to courts. It covers:
1) Different types of laws including common law, statute law, criminal law, and civil law. 2) Principles guiding courts including presumption of innocence and benefit of doubt. 3) Types of courts including civil, criminal, and mixed jurisdiction courts. 4) Medical evidence and a doctor's role as an expert witness in court. 5) Factors affecting criminal responsibility such as insanity, intoxication, and age.
Aarushi case dr rajesh & nupur are innocentRahulsh
Much hyped case of Aarushi- Hemraj murder has drawn enormous attention in past 5 years partly because how it was portrayed in media and partly because half baked information is in public domain. Here is an attempt to share some information, which is largely rebuttle of charges which trial court judge used to base his judgement of life imprisonment to the parents of Aarushi.
The document discusses various types of injuries including abrasions, contusions, lacerations, incised wounds, stab wounds, and puncture wounds. It describes the features of each type of injury, how to determine the age of an injury, and the potential medico-legal significance including identifying weapons and determining the manner of injury.
Presentasi pancasila ( hak asasi manusia )Agus Santoso
Hak Asasi Manusia merujuk pada hak-hak yang melekat pada setiap manusia sejak lahir tanpa memandang suku, agama, ras, atau gender. Dokumen tersebut menjelaskan asal kata, definisi, dan jenis-jenis HAM serta lembaga perlindungannya di Indonesia, namun penegakan hukum HAM masih belum optimal karena berbagai faktor seperti konflik, terorisme, dan globalisasi.
A CPD lecture given to a Barristers’ Chambers in London outlining the possible assistance which a pharmacologist / toxicologist may be able to give in legal cases
This document provides information about a dissertation submitted for an anthropology program. It includes an introduction outlining the purpose of the study to examine somatometric (physical) measurements of the Galo people in Panya Village, West Siang district, Arunachal Pradesh. It reviews previous literature on anthropological studies in Northeast India. It describes the materials and methods used, including the somatometric measurements that will be collected from 70 Galo males and 70 females. It also provides background context on the Galo people and the study area. The document is organized into chapters that will cover introduction, description of the people and study area, demographic data and results of the somatometric measurements.
Ted Bundy was a serial killer born in 1946 in Vermont. He was raised believing his grandparents were his parents and his mother was his sister. In high school he was a good student but socially awkward. He later attended the University of Washington and law school in Utah. Beginning in 1974, Bundy went on a multi-state killing spree, murdering dozens of women in Washington, Utah, and Colorado by bludgeoning, strangulation, and sexual assault. He escaped from prison twice but was eventually apprehended in 1978 in Florida and executed in 1989.
1. Pradyuman Thakur, a 7-year-old student, was found dead in the washroom of Ryan International School in Gurugram with his throat slit.
2. The Gurugram Police initially arrested the bus conductor Ashok Kumar for the murder but later ruled out sexual assault as the motive.
3. After protests from the parents, the CBI took over the investigation and has now arrested a Class 11 student, believing he wanted to postpone exams and meetings due to poor academic performance, though the evidence is still circumstantial.
The document discusses the steps taken by the Indian government to counter Naxalism. It provides background on the origin of Naxalism in Naxalbari, West Bengal in 1967. It then outlines the government's two-pronged strategy of law and order measures like deploying security forces, and social integration measures like development programs. However, the conclusion is that while violence has decreased, Naxalites remain active, so the steps taken so far have not been enough to end Naxalism in India. Consolidated legal, political and socio-economic reforms are still needed.
Snehal Gaware was found murdered in her home in July 2007 with her hands and legs tied. Her boyfriend Hiten Rathod was a suspect but police dropped the charges in 2011 due to lack of evidence. Police believe Rathod murdered Gaware, took her phone, and sold it. The phone was eventually traced but the seller was never identified. Despite interviews and tests conducted on witnesses, the case remains unsolved without enough evidence to convict a suspect after 13 years.
IMPORTANCE OF CRIME SCENE: COLLECTION & PRESERVATION OF EVIDENCESifs India
The Crime Scene Investigation plays a very crucial role in the criminal investigation
process. Every scene of crime is delicate in nature. Therefore, suitable processing is the
most primary requisite in the criminal investigation proceedings. The students will be
taught the way to process every crime scene differently.
Dokumen tersebut membahas teori medan Kurt Lewin dalam merangkum konsep-konsep utama teori tersebut seperti struktur kepribadian, dinamika kepribadian, dan perkembangan kepribadian.
Dokumen tersebut membahas pokok-pokok isi dan pemahaman Pembukaan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Terdapat empat alinea utama yang masing-masing memuat makna penting bagi dasar negara.
this presentation is all about nithari serial murders which is famously known as nithari kaand...
and also how investigations and aquisitions were done by the police alongwith that aquittals are also in the ppt.
Dinamika dan Tantangan Pancasila Sebagai Ideologi Negara.pptxtasyasantika
Dokumen tersebut membahas tentang dinamika dan tantangan Pancasila sebagai ideologi negara Indonesia, serta esensi dan urgensi Pancasila. Pancasila telah mengalami berbagai perubahan sejak masa kolonial hingga reformasi, dan saat ini dihadapkan pada tantangan seperti pluralisme agama dan ideologi serta sistem ekonomi pasar. Kelima sila Pancasila memberikan panduan untuk mencapai tujuan negara berdasarkan ketuhanan, kemanusia
This document defines explosives and describes different types of explosions including mechanical, chemical, and nuclear explosions. It discusses low explosives like black powder that deflagrate and high explosives like TNT that detonate. The effects of explosions including blast pressure, fragmentation, and thermal effects are explained. Phases of blast pressure waves and characteristics of explosives are also outlined. The document provides technical information about bomb identification and detection.
Dokumen tersebut memberikan penjelasan mengenai kawalan berangka, yang merupakan bentuk automatan beraturcara di mana prosesnya dikawal oleh nombor, huruf dan simbol. Ia terbahagi kepada 3 jenis iaitu kawalan berangka, kawalan berangka berkomputer dan kawalan berangka terus. Komponen asasnya terdiri daripada aturcara suruhan, unit pengawal dan perkakas mesin. Dokumen ini juga membincangkan
The CRPF is India's largest paramilitary force under the Ministry of Home Affairs. It was established in 1939 as the Crown Representative's Police and became the CRPF after independence in 1949. The CRPF assists state police in maintaining law and order and combating insurgency. It has specialized units like Cobra that engage in counter-insurgency operations against Naxalites. The CRPF is headquartered in New Delhi and led by a Director General.
Forensic anthropologists apply their expertise in physical anthropology to legal investigations. Their work includes identifying human remains, estimating age, sex, stature and ancestry to create a biological profile. They also analyze trauma to determine cause and manner of death. Forensic anthropologists help in mass disasters by separating and identifying commingled remains. They also use their archaeological skills to locate buried evidence at crime scenes. Anthropometry, the systematic measurement of the human body, is another tool used for individual identification in forensic investigations.
Indian Penal Code : Muder Case Critical AnalysisNupur Walia
The Supreme Court of India heard an appeal regarding a murder case in Bihar. The prosecution alleged that the appellants Nandu Rastogi and his brother Bal Mukund Rastogi, along with others, entered a shop armed with guns and took the shop owner's son Shankar into a back room, where Nandu shot and killed him. Witnesses identified the appellants. The defense claimed the appellants were falsely implicated. The court upheld the conviction of Nandu and Bal Mukund under Section 302/34 of the Indian Penal Code for murder with common intention.
The document discusses the case of Arun v. State of Maharashtra, where Arun appealed his conviction for murder and other offenses against his brother Sampatrao. It provides background on the family dispute and details of the incident where Arun attacked Sampatrao with a hammer and brick. The Supreme Court considered Arun's argument that he was exercising his right to private defense, though it ultimately dismissed his appeal based on eyewitness testimony finding his actions were not justified.
Presentasi pancasila ( hak asasi manusia )Agus Santoso
Hak Asasi Manusia merujuk pada hak-hak yang melekat pada setiap manusia sejak lahir tanpa memandang suku, agama, ras, atau gender. Dokumen tersebut menjelaskan asal kata, definisi, dan jenis-jenis HAM serta lembaga perlindungannya di Indonesia, namun penegakan hukum HAM masih belum optimal karena berbagai faktor seperti konflik, terorisme, dan globalisasi.
A CPD lecture given to a Barristers’ Chambers in London outlining the possible assistance which a pharmacologist / toxicologist may be able to give in legal cases
This document provides information about a dissertation submitted for an anthropology program. It includes an introduction outlining the purpose of the study to examine somatometric (physical) measurements of the Galo people in Panya Village, West Siang district, Arunachal Pradesh. It reviews previous literature on anthropological studies in Northeast India. It describes the materials and methods used, including the somatometric measurements that will be collected from 70 Galo males and 70 females. It also provides background context on the Galo people and the study area. The document is organized into chapters that will cover introduction, description of the people and study area, demographic data and results of the somatometric measurements.
Ted Bundy was a serial killer born in 1946 in Vermont. He was raised believing his grandparents were his parents and his mother was his sister. In high school he was a good student but socially awkward. He later attended the University of Washington and law school in Utah. Beginning in 1974, Bundy went on a multi-state killing spree, murdering dozens of women in Washington, Utah, and Colorado by bludgeoning, strangulation, and sexual assault. He escaped from prison twice but was eventually apprehended in 1978 in Florida and executed in 1989.
1. Pradyuman Thakur, a 7-year-old student, was found dead in the washroom of Ryan International School in Gurugram with his throat slit.
2. The Gurugram Police initially arrested the bus conductor Ashok Kumar for the murder but later ruled out sexual assault as the motive.
3. After protests from the parents, the CBI took over the investigation and has now arrested a Class 11 student, believing he wanted to postpone exams and meetings due to poor academic performance, though the evidence is still circumstantial.
The document discusses the steps taken by the Indian government to counter Naxalism. It provides background on the origin of Naxalism in Naxalbari, West Bengal in 1967. It then outlines the government's two-pronged strategy of law and order measures like deploying security forces, and social integration measures like development programs. However, the conclusion is that while violence has decreased, Naxalites remain active, so the steps taken so far have not been enough to end Naxalism in India. Consolidated legal, political and socio-economic reforms are still needed.
Snehal Gaware was found murdered in her home in July 2007 with her hands and legs tied. Her boyfriend Hiten Rathod was a suspect but police dropped the charges in 2011 due to lack of evidence. Police believe Rathod murdered Gaware, took her phone, and sold it. The phone was eventually traced but the seller was never identified. Despite interviews and tests conducted on witnesses, the case remains unsolved without enough evidence to convict a suspect after 13 years.
IMPORTANCE OF CRIME SCENE: COLLECTION & PRESERVATION OF EVIDENCESifs India
The Crime Scene Investigation plays a very crucial role in the criminal investigation
process. Every scene of crime is delicate in nature. Therefore, suitable processing is the
most primary requisite in the criminal investigation proceedings. The students will be
taught the way to process every crime scene differently.
Dokumen tersebut membahas teori medan Kurt Lewin dalam merangkum konsep-konsep utama teori tersebut seperti struktur kepribadian, dinamika kepribadian, dan perkembangan kepribadian.
Dokumen tersebut membahas pokok-pokok isi dan pemahaman Pembukaan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Terdapat empat alinea utama yang masing-masing memuat makna penting bagi dasar negara.
this presentation is all about nithari serial murders which is famously known as nithari kaand...
and also how investigations and aquisitions were done by the police alongwith that aquittals are also in the ppt.
Dinamika dan Tantangan Pancasila Sebagai Ideologi Negara.pptxtasyasantika
Dokumen tersebut membahas tentang dinamika dan tantangan Pancasila sebagai ideologi negara Indonesia, serta esensi dan urgensi Pancasila. Pancasila telah mengalami berbagai perubahan sejak masa kolonial hingga reformasi, dan saat ini dihadapkan pada tantangan seperti pluralisme agama dan ideologi serta sistem ekonomi pasar. Kelima sila Pancasila memberikan panduan untuk mencapai tujuan negara berdasarkan ketuhanan, kemanusia
This document defines explosives and describes different types of explosions including mechanical, chemical, and nuclear explosions. It discusses low explosives like black powder that deflagrate and high explosives like TNT that detonate. The effects of explosions including blast pressure, fragmentation, and thermal effects are explained. Phases of blast pressure waves and characteristics of explosives are also outlined. The document provides technical information about bomb identification and detection.
Dokumen tersebut memberikan penjelasan mengenai kawalan berangka, yang merupakan bentuk automatan beraturcara di mana prosesnya dikawal oleh nombor, huruf dan simbol. Ia terbahagi kepada 3 jenis iaitu kawalan berangka, kawalan berangka berkomputer dan kawalan berangka terus. Komponen asasnya terdiri daripada aturcara suruhan, unit pengawal dan perkakas mesin. Dokumen ini juga membincangkan
The CRPF is India's largest paramilitary force under the Ministry of Home Affairs. It was established in 1939 as the Crown Representative's Police and became the CRPF after independence in 1949. The CRPF assists state police in maintaining law and order and combating insurgency. It has specialized units like Cobra that engage in counter-insurgency operations against Naxalites. The CRPF is headquartered in New Delhi and led by a Director General.
Forensic anthropologists apply their expertise in physical anthropology to legal investigations. Their work includes identifying human remains, estimating age, sex, stature and ancestry to create a biological profile. They also analyze trauma to determine cause and manner of death. Forensic anthropologists help in mass disasters by separating and identifying commingled remains. They also use their archaeological skills to locate buried evidence at crime scenes. Anthropometry, the systematic measurement of the human body, is another tool used for individual identification in forensic investigations.
Indian Penal Code : Muder Case Critical AnalysisNupur Walia
The Supreme Court of India heard an appeal regarding a murder case in Bihar. The prosecution alleged that the appellants Nandu Rastogi and his brother Bal Mukund Rastogi, along with others, entered a shop armed with guns and took the shop owner's son Shankar into a back room, where Nandu shot and killed him. Witnesses identified the appellants. The defense claimed the appellants were falsely implicated. The court upheld the conviction of Nandu and Bal Mukund under Section 302/34 of the Indian Penal Code for murder with common intention.
The document discusses the case of Arun v. State of Maharashtra, where Arun appealed his conviction for murder and other offenses against his brother Sampatrao. It provides background on the family dispute and details of the incident where Arun attacked Sampatrao with a hammer and brick. The Supreme Court considered Arun's argument that he was exercising his right to private defense, though it ultimately dismissed his appeal based on eyewitness testimony finding his actions were not justified.
The Supreme Court of India heard an appeal from the State of Jharkhand against a High Court judgment that set aside the conviction of Shailendra Kumar Rai for rape and murder. The background section summarizes the key testimonies and findings from the trial court proceedings. The victim had named Rai as her attacker in a dying declaration. While some family members later turned hostile, medical evidence supported the prosecution's case. The trial court convicted Rai, but the High Court acquitted him. The Supreme Court analyzed whether the dying declaration was admissible and the issues raised in the appeal.
Dhananjoy Chaterjee vs State Of W.B on 11 January, 1994.pdfsrujanadara8
This document summarizes a Supreme Court of India case from 1994 regarding the conviction and death sentence of Dhananjoy Chaterjee for the rape and murder of Hetal Parekh. The key facts are:
1) Hetal Parekh, an 18-year-old student, was found raped and murdered in her apartment. Dhananjoy Chaterjee, a security guard, was identified as the main suspect.
2) Medical evidence confirmed Hetal was raped and murdered by strangulation. Circumstantial evidence including Dhananjoy's behavior and recovered items linked him to the crime.
3) Dhananjoy claimed innocence and said he was falsely implicated. However, he
The Supreme Court upheld the conviction of Santosh Kumar Singh for the rape and murder of Priyadarshini Mattoo in 1996 but reduced his death sentence to life imprisonment. The DNA test conclusively proved Singh's involvement in the rape. Other circumstantial evidence included the recovery of Singh's helmet with a broken visor, glass pieces from the visor near the victim's body, and injuries on Singh's hand. While the trial court had initially acquitted Singh, the High Court convicted him and awarded the death penalty based on the circumstantial evidence. The Supreme Court affirmed the conviction but commuted the sentence to life imprisonment given Singh's age at the time of the crime.
1) The appellants were charged with and convicted of dowry death under section 304B of the Indian Penal Code for the death of the daughter of the second respondent. They appealed their conviction.
2) The prosecution presented evidence including testimony from the father (PW1) and brother (PW2) of the deceased. PW1 testified that the appellants began harassing and demanding dowry from the deceased after marriage, including demands for money and a car. He last saw the deceased one month before her death when she and the first appellant demanded 10 lakhs for house construction.
3) On the day of her death, the deceased called PW1 for help, saying the appellants would kill her.
1. The appellants were charged with and convicted of dowry death under Section 304B of IPC for the death of the deceased daughter-in-law. They appealed the conviction.
2. The prosecution presented evidence including testimony from the deceased's father, brother, relatives, and doctors who conducted the autopsy. The father testified about demands for dowry and threats before her death.
3. The cause of death could not be definitively determined by the autopsy doctor. The internal organs were congested which could be due to food poisoning or tuberculosis.
The Supreme Court of India granted bail to two appellants, Yedala Subba Rao and another, who had been accused of various terrorist offenses including murder in relation to a 2018 incident. In a 3 sentence summary:
The Court found that the evidence against the appellants was not strong, as there was no direct discovery of facts as a result of their statements to police, and the connection between their alleged actions like purchasing medicines and the murders was unclear. Considering the appellants had already spent over 4 years in custody and the length of the pending trial, the Court granted them bail.
The case analysis of the double murder of Aarushi Talwar,14 year old girl and a domestic help Hemraj by the parents of the deceased Aarushi-Dr.Rajesh Talwar and Dr.Nupur
Talwar.
Pravat chandra mohanty v state of orissaZahidManiyar
- The appellants Pravat Mohanty and Pratap Kumar Choudhury faced trial for offenses under various sections of the Indian Penal Code related to the death of Kasinath Naik at the Purighat police station.
- The trial court convicted both appellants of offenses including culpable homicide and forgery, and sentenced them to various terms of imprisonment.
- Both appellants have now appealed their convictions and sentences to the High Court of Orissa.
The appellant was convicted of three counts related to a robbery and murder. The appellant worked as a watchman for the victim. On appeal, the state conceded the convictions were unsafe as the evidence did not support them. The court agreed, finding the phone in question belonged to the appellant, not the victim. There was no evidence identifying the appellant as one of the robbers. The circumstantial evidence relied on by the lower court, such as possession of the phone months later, was insufficient to establish the appellant's involvement in the crimes beyond reasonable doubt. The appeal was allowed and the convictions were set aside.
Sushil Sharma fatally shot his wife Naina Sahni after suspecting her of having an affair. He then chopped her body into pieces and stuffed it in a restaurant tandoor. Ballistic evidence and a second autopsy established that Sharma killed Naina with his licensed revolver. He was sentenced to death, later commuted to life imprisonment, for the 1995 "Tandoor Murder Case" that shocked India. The case relied on circumstantial evidence and forensic science to identify the perpetrator, but took over a decade to reach a conclusion.
The court document summarizes a hearing regarding the alleged gang rape and death of a 19-year-old girl in Hathras, India. Key details:
- The victim's family alleges the authorities cremated her body without consent in the middle of the night against their wishes.
- Family members recount their version of events to the court and say they were not allowed to see the victim's body or participate in last rites.
- Authorities say the hurried cremation was to prevent potential unrest, but the court is skeptical of this justification.
- The court will examine if the victim and family's fundamental rights to dignity and religious customs were violated by the unauthorized cremation
1. Javed Siddiqui filed a habeas corpus writ petition challenging his detention under the National Security Act based on his alleged involvement in a riot and arson incident in June 2020.
2. The prosecution alleges that Siddiqui led a group of 75-80 people who attacked a slum locality using sticks, rods and weapons, assaulted people, damaged homes and burned some down, causing injuries. An FIR was registered and investigation is ongoing.
3. The District Magistrate passed a detention order under the National Security Act against Siddiqui on the grounds that he may engage in further unlawful activities if released on bail. Siddiqui challenges the detention order and claims his rights were violated in
Lawweb.in whether public prosecutor can interview witness before trialLaw Web
Whether public prosecutor can interview witness before trial? - See more at: http://www.lawweb.in/2015/03/whether-public-prosecutor-can-interview.html#sthash.JuymxoGP.dpuf
The document summarizes a court case in India regarding an inter-caste marriage. It details that petitioner Sanjeev Kumar and Komal Parmar applied to marry under the Special Marriage Act but Komal's family strongly opposed the marriage due to differences in caste. Komal's family detained her to prevent the marriage. The court ordered Komal be produced and she stated her desire to not return to her family due to threats and abuse, but also did not want to marry Sanjeev. The court considered statements and evidence from both families over multiple hearings to make a determination in the case.
1. A 22-year-old woman alleged that she was gang raped by the Station House Officer and four other policemen at the Inderpuri police station in New Delhi after being taken there for questioning about her husband.
2. The woman informed her husband about the incident after which they went to the hospital. However, the police initially refused to register a complaint.
3. Angry protests erupted at the police station over the police's failure to take immediate action. The case was transferred to the Crime Branch for investigation.
This document provides a summary of a Supreme Court of India case regarding an appeal against convictions for offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 376(1) of the Indian Penal Code. The key details are:
1) The appellant was convicted by the Sessions Court and High Court for raping a 19-year-old blind Scheduled Caste woman.
2) The Supreme Court affirmed that the offense of rape under Section 376(1) IPC was proven beyond reasonable doubt based on testimony and medical evidence.
3) However, it examined the appellant's argument that the ingredients of the offense under Section 3(2)(v
This writ petition was filed seeking compensation for the alleged custodial death of Manoj Kumar Mohapatra. The petitioners allege that their son Manoj was taken to the police station by police where he was tortured, leading to his death. The police claim that Manoj was drunk and had broken into a liquor shop, falling and injuring himself, and they brought him to the station for questioning but sent him to the hospital when his condition deteriorated. While the investigation found no proof of custodial torture, the court noted the police were negligent in not providing Manoj medical attention for over 5 hours after bringing him to the station in a condition of pain, which likely led to his death from internal injuries. The court said the
This document summarizes a court case involving the conviction and sentencing of Vishnu Gore for raping and murdering a 5-year-old girl. The prosecution argued that Gore lured the girl to his home on October 27, 2016 and strangled her after sexually assaulting her. Her body was later found in a well. Gore was arrested and convicted based on witness testimony and forensic evidence. He was sentenced to death by hanging. Gore has appealed the conviction, arguing the evidence was insufficient. The court heard arguments from both sides over several days to determine whether to confirm the conviction and sentence.
Similar to Shankar narayan bhadolkar_vs_state_of_maharashtra_on_9_march,_2004 (20)
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Lifting the Corporate Veil. Power Point Presentationseri bangash
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Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
1. UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
LAW OF CRIMES I
PROJECT ON:
Shankar Narayan Bhadolkar vs State Of Maharashtra
SEMESTER VI [B.Tech (ET) + L.L.B(IPR)]
SUBMITTEDTO: SUBMITTTED BY:
MS.KAVYA SALIM DHRUV MATHUR
R840212003
INDEX
2. INTRODUCTION
CASE FACTS
JUDGEMENTS
SIMILAR CASES
BIBLIOGRAPHY
Shankar Narayan Bhadolkar vs State Of
Maharashtra on 9 March, 2004
3. INTRODUCTION
Pandurang Varambale (hereinafter referred to as the 'deceased') would not have in his wildest
dreams on 8.5.1982 dreamt when he left home to attend the invitation extended by the appellant
Shankar Narayan Bhadolkar (hereinafter referred to as accused A-1), that he would never return
alive. The appellant allegedly shot him dead by a gun when the deceased was in his house in
response to his invitation to attend a marriage celebration. The appellant along with his wife
Laxmibai (A-4), son Dinkar (A-3) and one Sambhaji Mahadeo Patil (A-2) faced trial. They were
charged for commission of offences punishable under Sections 302, 201 read with Section 34 of
the Indian Penal Code, 1860 (in short the 'IPC'). Appellant was alternatively charged for
commission of offence punishable under Section 302, 201 and Section 25(1A) of the Arms Act,
1959 (in short the 'Arms Act').
The trial Court found the appellant guilty of the offences punishable under Sections 302, 201 IPC
and 25 of the Arms Act. The other three co-accused persons were acquitted. Appellant was
sentenced to undergo life imprisonment, two years and six months respectively, with fines and
default stipulations.
CASE FACTS
Complainant Dilip Shripati Dalavi (PW-2) had a laundry in the Shivaji Chowk, Kohlapur. There
was also a hair cutting shop adjoining his laundry, which was run by Shantaram Mane (PW-4) and
Ramchandra Mane. They are friends. The deceased was coming to the said hair cutting saloon and
hence he had become their friend. Accused no.1- appellant was also visiting the said saloon and
he had also become their friend. On 2.5.1982, accused no.1 had come to the shop of Dilip Dalavi
(PW-2) and gave him invitation for dinner arranged in his house at Vadanage, near the limits of
Nigave Dumala Village. The said invitation was for the dinner arranged on 8.5.1982. Besides the
complainant, accused no.1 also invited Rajendra the brother of the complainant, Shantaram Mane
(PW-4) and his brother Rama and another friend Dattu Kurane. Accused no.1 told him that in case
4. they did not attend the dinner, then they will have to pay a penalty of Rs.100/-. At that time,
deceased had come to the saloon where this talk was going on. ThOn 8.5.1982 about 5.30 p.m. the
complainant and others left for Vadanage to the village of accused no.1. After reaching the Mace,
they moved around and thereafter took meals. A bus was to leave at about 8.00 p.m. for their return
journey to Kolhapur. They finished their meals at about 7.30 p.m. Thereafter all the invitees came
out of the house and they wanted to catch the bus.
One Sambhaji Patil (A-2) and one unknown person entered the house of accused no.1. Deceased
also followed them and went inside. As there was some time for catching the bus, the complainant
also entered the house of accused no.1 for chewing betal leaves. The bus stop was just in front of
the house of accused no.1. The complainant sat on the cot. The deceased was standing on the
threshold of the house. The unknown person was standing close to them. Accused no.2 was sitting
on the chair in front of him.
Accused no.1 lifted the gun, loaded it with cartridge and pointed it towards the deceased and then
fired it. The said shot hit on the left side chest of the deceased, who collapsed and blood started
oozing. As soon as deceased fell down, he died instantaneously. As the complainant was afraid,
he came out of the house. Rajendra, Shantaram, Ramchandra and Dattu Kurane were outside the
house. As soon as he came out of the house, those persons enquired from him about the sound. He
disclosed to them that accused no.1 had fired a gun hitting Pandurang. Thereafter they all started
towards Vadanage. They went to the house of Sadashiv Khadaka to whom they narrated the
incident, because he was their friend. The distance between his house and the house of accused
no.1 is about 2 to 3 kms. The brother-in-law of the deceased resides in the same village. Khadake
had taken them in his house. Then they went to village Kerli in the bus belonging to the society of
Vadanage, because the deceased was from Kerli. Then they went to Mahadeo Varsmble who is the
cousin brother of the deceased. They woke him up and told him about the incident. Thereafter they
all went to Shripati Chougule and disclosed to him the incident. Then he himself alongwith five
others who were present for the dinner came to Karvir Police Station in jeep. Shripati Chougule
came to the police station by motorcycle. Complaint was lodged in the Karvir Police Station. It
was reduced into writing. On the basis of the said first information report, the Police Inspector
Shirawekar registered the offence u/s 302 IPC and also under Section 25 of the Arms Act.
5. Thereafter Police Inspector visited the spot along with the complainant and his staff in the jeep.
The complainant pointed out the house of accused no.1. Police Inspector called out accused no.1
by standing near door. Accused no.1 who came out by opening the latch of the door was arrested.
A green lungi which was on the person of accused no.1 was attached under panchanama (Ex.12).
On interrogation accused no.1 expressed his willingness to show the well where the corpse of the
deceased was thrown. The said well is situate at village Kerli. Accordingly a memorandum was
prepared vide Ex.23 in presence of the panchas. Accused no.1 then led them to the well and the
dead body of deceased was taken out from the well. It was wrapped in a gunny bag. After opening
the gunny bag, the dead body was taken out. It was identified by Sadashiv and others. Accordingly
panchanama (Ex.24) was prepared. Under the panchanama muddemal articles nos. 2 and 3 were
also attached. Then inquest on the dead body was drawn (Ex.30). The dead body was sent to the
doctor for autopsy. Then the Police Inspector arrested accused no.2. He also attached a white Dhoti
and Nehru shirt (Art. 4 & 5) of deceased no.2 under panchanama (Ex.14). Then he visited the scene
of offence in the morning and drew panchanama (Ex.15). He found some blood stains on the
threshold and also on the bench. The floor was cleaned with cow dung. Soiled cow dung was found
at the backyard of the house of accused no.1. It was also attached. Statements of witnesses were
recorded.
On 30.5.1982 he sent the muddemal articles nos. 1 to 30 and also the viscera and plastic like
material forwarded by the Medical Officer, along with his forwarding letter to the Chemical
Analyser Pune so also, muddemal article, no.10 the gun was sent to the Ballistic Expert for
examination and his opinion. On enquiry it was revealed that the gun (Art.10) was in the name of
accused no.3 having a valid license. The same was attached by him. He obtained a permission
from the District Magistrate, Kolhapur (Ex.21) against accused no.1 for having used the gun
without valid licence. For his prosecution under the Arms Act. After conclusion of the
investigation, charge sheet was submitted in the Court of Chief Judicial Magistrate, Kolhapur.
The charge was framed against accused nos. 1 to 4 and they pleaded not guilty.
6. Accused appellant took the plea that on the date of occurrence he had invited 30/40 persons to
attend the dinner and the deceased was one of them. He was heavily drunk and was not in a position
to walk and also unable to control himself. Apprehending that the deceased might create problems
and fall on the road, the appellant dissuaded him from returning to his place and advised him to go
on the next day. But the deceased paid little heed. To scarce him, the appellant picked up a gun
lying there, loaded the same with blank cartridges which only create noise. But the deceased tried
to snatch it from him. In the scuffle when the deceased pulled the barrel of the gun accidentally it
got fired and deceased sustained injuries on his chest. After seeing the injury, the appellant was
totally shocked and fled away. The other accused persons denied their involvement in the
occurrence. The trial Court as noted above, found the co-accused not guilty but recorded the
conviction so far as the appellant is concerned under Sections 302, 201 IPC and Section 25(1A) of
the Arms Act, and imposed sentences.
The plea before the High Court which, did not find acceptance, was that there was no offence
involved as the act was covered by Section 80 IPC. In any event, there was no element of
culpability to bring home accusations of Section 302. At the most it was covered by Section 304A.
Finally, it was submitted that even if the prosecution version is accepted in its toto, the case would
be covered under Section 304 Part II. The trial Court held that though intention may not be
attributed for causing death, it cannot be said that the accused did not have the requisite knowledge
and the case was covered under clause fourthly of Section 300. In appeal by the impugned
judgment, the High Court upheld the conviction and sentence. It, however, held that the case was
really covered by clauses Firstly and Thirdly of Section 300.
JUDGEMENTS
VISHNU SAHAI, J. –
7. ( 1. ) VIDE Judgment and Order dated 30th March 1983 passed in Sessions Case no. 76 of 1982,
the Additional Sessions Judge, Kolhapur, convicted and sentenced the appellant in the manner
stated hereinafter:-
(i)Under Section 302 IPC to suffer imprisonment for life;
(ii)Under Section 201 IPC to suffer 2 years RI and to pay a fine of Rs. 500/- in default to suffer RI
for 6 months; and
(iii)Under Section 25 (1) (a) of the Arms Act to suffer 6 months RI and to pay a fine of Rs. 100/-
in default to suffer RI for one month. The substantive sentences were ordered to run concurrently.
Along with the appellant three others, viz; Sambhaji Mahadeo Patil, Dinkar Shankar Bhadolkar
and Laxmibai who were also prosecuted and tried but they have been acquitted by the impugned
judgment.
( 2. ) THE prosecution case in brief runs as follows:- THE informant Dilip Shripati Dalavi P. W.
2 had a laundry shop in Shivaji Chowk, Kolhapur. Adjoining his shop was a hair cutting saloon
run by two brothers viz; Shantaram Mane P. W. 4 and Ramchandra Mane. THE deceased
Pandurang Varambale was visiting their hair cutting saloon and hence he became friendly to Dilip
Dalavi. THE appellant was also visiting the said saloon and hence became Dilip's friend. On
2/5/1982 the appellant came to Dilip's shop and invited for him to dinner at his house situated in
village Vadange. THE said invitation was for having dinner on 8/5/1982. Besides Dilip, appellant
invited his brother Rajendra, Shantaram Mane P. W. 4 and Dattu Kurne. THE said acquitted
accused Sambhaji Patil had invited Bapu Khadake P. W. 3 for the said dinner. At the time of
invitation the deceased Pandurang Varambale also happened to come in the saloon. He was also
invited for the dinner. On 8.5 . 1982 at about 5 . 30 p. m. Dilip Dalavi, Shantaram, Rajendra,
Ramchandra, Dattu Kurane and the deceased Pandurang Varambale went to the village of the
appellant for having dinner. After reaching the house of the appellant they indulged in some
friendly conversation and thereafter took their dinner. It appears that Bapu Khadake P. W. 3 had
also been invited for the dinner. They finished their dinner at about 7. 30 p. m. They wanted to
return by S. T. Bus which was to leave at about 8. 00 p. m. Thereafter all of them came out of the
house to catch the bus. Acquitted accused Sambhaji Patil and one stranger entered into the house
of the appellant. Pandurang Varambale also followed them and went inside. Dilip also entered into
the house for chewing betel leaves and sat down on the cot. Pandurang Varambale was standing.
8. THE stranger was standing close to them. Acquitted accused Sambhaji Patil was sitting on the
chair in front of Dilip. At that time, the appellant lifted the gun, loaded it with cartridge and
pointing it towards the deceased fired at him. THE shot struck on the left side of the chest of the
deceased, who fell down as a result thereof and died instantaneously. Apart from Dilip this incident
was also seen by P. W. 3 Bapu Khadake. After the incident, Dilip came out of the house. Shantaram
Mane P. W. 4 and others who were outside the house, enquired from him about the sound and he
disclosed to them that the appellant had fired on the deceased. After the incident was over, Dilip
went to the house of Sadashiv Khadake, his friend, and narrated to him the incident. Sadashiv
Khadake took Dilip to the house of the brother-in-law of the deceased. The F. I. R. of the incident
was lodged by Dilip Dalavi P. W. 2 on the night of 9/5/1982 at Police Station Karvir. It was
registered by Police Inspector Devidas Shirawekar P. W.11. On its basis C. R. No.75/82 under
Section 302 IPC and 25 (1) (a) of the Arms Act was registered. The investigation of the case was
conducted by Police Inspector Devidas Shirawekar. After registering! the case on the basis of the
F. I. R. he proceeded for the place of the incident on a jeep. He reached the house of the appellant
and called him. He arrested him. Under a panchanama he attached a green lungi which the
appellant was putting on. On interrogation the appellant expressed his willingness to show the
place where he had thrown the corpse of the deceased. Consequently, under a panchanama, in the
presence of public panch Shripati Chougule P. W. 1, on the pointing of the appellant, the dead
body of the deceased which was wrapped in a gunny bag was taken out from the well. Thereafter
inquest on the corpse was prepared. In the morning PI Shirawekar visited the scene of offence and
prepared the spot panchanama. At the place of the incident he found blood stains on a bench. He,
however found the floor to be cleaned. He recorded the statement of Sadashiv Khadake and some
others. On 9/5/1982 he attached the clothes of the deceased. On 11/5/1982 he recorded the
statement of four witnesses. Ultimately, after completing the investigation he submitted the
chargesheet against the appellant and the acquitted accused who were also apprehended during the
course of investigation.
(3.) GOING backwards, the autopsy on the body of the deceased was conducted by Dr. Vyankatesh
Dattatraya Rayakar P. W. 12 on 9/5/1982 between 6.00 a. m. to 8. 00 a. m. On the corpse the doctor
found the following two ante-mortem injuries: - 1. Oval injury, over-lying 6th costal cartilage left,
near its sternal end, 2.5 c. m. plus 2 cm x 4 cm, oval shaped, Depth 7.5 cm. Direction: Medial
posteriorily upwards, Blood clot present, Collar of abrasion 1 cm thick all around the above injury.
9. 2. Oval injury 2 cm x 1 cm over-lying 7th intercostal cartilage, left 6 cm from left sternal border.
Depth 7.5 cm Direction Medial posterior upwards. Blood clot present. Collar of abrasion. Both the
injuries were on the left side of the chest and were caused within 12 hours roughly. On internal
examination, doctor found rupture of pericardium and of both the ventricles. Dr. Rayakar opined
that the deceased died on account of injury to the heart and the said injury was sufficient in the
ordinary course of nature to cause death. The case was committed to the Court of Sessions in the
usual manner. In the trial Court the appellant and the acquitted accused persons were charged under
Section 302 IPC, 201 IPC and 25 (1) (a) of the Arms Act and an alternative charge under Section
302 IPC was also framed against the appellant. To the said charges the appellant and the others
pleaded not guilty and claimed to be tried. In the trial Court, in all, the prosecution examined as
many as 12 witnesses. Out of them, two viz; Dilip Dalavi P. W. 2 and Bapu Khadake P. W. 3 were
examined as eye witnesses. Shantaram Mane P. W. 4 gave evidence which would be admissible
under Section 6 of the Evidence Act. In defence no witness was examined. The learned Trial Judge
believed the evidence adduced by the prosecution and passed the impugned judgment. Hence this
appeal.
SIMILAR CASES
1. Kesar Singh & Anr vs State Of Haryana on 29 April, 2008
Appellants were charged for commission of an offence under Section 302/34 of the Indian
Penal Code. The learned Sessions Judge accepted the prosecution case. He, however,
opined that no case under Section 302 of the Indian Penal Code was made out.
On an appeal having been preferred thereagainst, a learned Single Judge of the High Court,
while relying on the decision of this Court in Virsa Singh v. State of Punjab [AIR 1958 SC
465] as also in Shankar Narayan Bhadolkar v. State of Maharashtra [(2005) (9) SCC 71]
2. Krishna Maniyani vs The State Of Kerala on 21 July, 2007
10. The other decision relied on by the petitioner is Shankar Narayan Bhadolkar v. State of
Maharashtra 2005 SCC(Crl.) 22. The dictum kid down in the above judgment, in my view,
has no relevance to the facts of the case on hand.
It has to be noticed that the court below had framed charge on the basis of the materials
placed by the Investigating Agency before it. The question whether the petitioner is liable
to be convicted under Section 304 will entirely depend on the evidence that may be adduced
by the prosecution. This Court, in my view, will not be justified in quashing the
proceedings by invoking the inherent power under Section 482 of the Code in this case.
3. Krishna Maniyani vs State Of Kerala on 21 July, 2006
The other decision relied on by the petitioner is Shankar Narayan Bhadolkar v. State of
Maharashtra 2005 SCC (Cri) 22: 2004 Cri LJ 1778. The dictum laid down in the above
judgment, in my view, has no relevance to the facts of the case on hand.
It has to be noticed that the Court below had framed charge on the basis of the materials
placed by the Investigating Agency before it. The question whether the petitioner is liable
to be convicted under Section 304 will entirely depend on the evidence that may be adduced
by the prosecution. This Court, in my view, will not be justified in quashing the
proceedings by invoking the inherent power under Section 482 of the Code in this case.
4. Sanjay vs The State on 31 January, 2011
In Shankar Narayan Bhadolkar vs. State of Maharashtra, (2005) 9 Supreme Court Cases
71, it has been held.
In the said case accused and deceased were going on a hill road, an altercation took place
between them on hill road, accused suddenly pushed deceased from the road as a result of
which deceased fell down from the hill and sustained injuries to which he later on
succumbed in the hospital. In the above facts, Supreme Court has held that the offence
11. punishable under Section 304-II IPC was disclosed and the ingredients of offence
punishable under Section 304-A were not attracted.
5. Lalit Kumar vs State on 18 March, 2011
Mr.Siddharth Luthra, Sr.Advocate, learned counsel for the appellant has relied on (2005)
9 SCC71, Shankar Narayan Bhadolkar v. State of Maharashtra; (2004) 11 SCC395 Sridhar
Bhuyan v. State of Orissa; (2006) 10 SCC 524, Lachman Singh v. State of Harayan; AIR
1958 SC 465, Virsa Singh v. State of Punjab ; AIR 2008 SC 462, Gali Venkataiah v. State
Andhra Pradesh and (2002) 1 SCC 351, Munshi Prasad and Others v. State of Bihar in
support of pleas and contentions on behalf of the appellant.
In this case, deceased and some other persons were invited by the appellant Shankar
Narayan Bhadolkar to attend dinner at his house and after finishing meal, the deceased was
standing on the threshold of the house. Appellant lifted the gun, unlocked it, loaded it with
cartridge and shot the gun from a close range aiming at the chest of the deceased. The
version of the appellant was that the deceased was heavily drunk and was not paying any
heed to what was being said to him and, therefore, in order to scare him appellant had
picked up a gun, loaded with blank cartridges which only created noises, but in the scuffle
the said gun got fired and the deceased sustained injuries. In the circumstances, analyzing
the evidence it was held that there was no element of culpability to bring home accusations
of Section 302 and at the most it was covered by Section 304A. It was further held that
Section 304A applies to cases where death is caused by doing a rash or negligent act and
is not applicable where the act is done with the intention or knowledge to cause death.
6. Rahima vs State Of Kerala on 29 November, 2012
Shankar Narayan Bhadolkar v. State of Maharashtra. In that case, the deceased was invited
by the accused for a dinner and after dinner while the deceased was waiting for the bus, the
accused picked up a gun and unlocked it and loaded with cartridge and shot from a close
range while aiming at the chest and in such circumstances, it has been held that, it may not
12. fall under Section 304A of Crl. R. P. No.1957 & 1958 of 2014 Indian Penal Code and it
cannot be said to be a negligent act or it is an accident. But it may fall under Section 304
part II of the Indian Penal Code, as he had done it with a knowledge that, his act is likely
to cause death.
7. Hakim Khan vs State Of M.P. on 20 May, 2006
Considering the above evidence, it is clear that prosecution has proved that appellant has
caused injury on the neck of the deceased.
Now the next question is whether the offence committed by the appellant will fall under
illustration (c) of Section 299 of IPC or will fall within Clause 3rdly of Section 300 of IPC.
Counsel for the appellant submitted that the manner in which the offence is committed, the
offence will fall under illustration (c) of Section 299, IPC. In support of his contention,
learned Counsel for the appellant has relied upon the judgment of the Apex Court in the
case of Shankar Narayan Bhadolkar v. State of Maharashtra. He submitted that the Apex
Court after examining and explaining the intention of Sections 299 and 300, IPC has held
that the offence alleged in the said case is covered by Section 304, Part I of IPC.
8. Madhu Dharamji Ovhal vs The State Of Maharashtra on 25
August, 2011
These observations were later on referred to and reproduced by the Supreme Court of India
in the case of Shankar Narayan Bhadolkar Vs. State of Maharashtra (AIR 2004 Supreme
Court 1966 ). They were again reproduced by the Supreme Court of India in the case of
Abdul Waheed Khan alias Waheed and others Vs. State of Andhra Pradesh ( 2005 SCC
(Criminal) 1302 ).
From the observations of the Supreme Court in the above cases, it becomes clear that there
is no radical difference between the offence of culpable homicide (punishable under
Section 304 of I.P.C. ) and murder (punishable under Section 302 of I.P.C. ).
13. 9. Sanjeev Nanda vs The State on 20 July, 2009
10. Abbas Ali vs State Of Rajasthan on 15 February, 2007
11. Jagriti Devi vs State Of H.P on 6 July, 2009
12. Satish Narayan Sawant vs State Of Goa on 14 September,
2009
BIBLOGRAPHY
1. www.lawweb.in
2. www.legaldatabase.in
3. www.indiankanoon.org
4. www.the-laws.com
5. www.advocatekhoj.com