Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Criminal Law
 Search Tips
Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2012-SC-CRL-Feb-15

Brajendrasingh Vs. State of Madhya Pradesh

Head Note

Criminal Laws  - Criminal Jurisprudence

Criminal Jurisprudence - One basic cannon of our criminal jurisprudence that the accused is innocent till proven guilty and that the accused is entitled to a just and fair trial.

Indian Penal Code,1860  - Section 302

Murder Case - No eye-witness - Conviction case be based on circumstantial evidence if - (i) The circumstances from which the conclusion of guilt is to drawn should be fully established and should also be consistent with only one hypothesis i.e. the guilt of the accused. (ii) Circumstances should be conclusive and proved by the prosecution. (iii) There must be a chain of events so complete so as not to leave any substantial doubt in the mind of the Court. (iv) Irresistibly, the evidence should lead to conclusion inconsistent with the innocence of the accused and the only possibility that the accused has committed the crime. (v) The circumstances forming the chain of events should be proved and they should cumulatively point towards the guilt of the accused alone. (vi) The rule which needs to be observed by the Court while dealing with the cases of circumstantial evidence is that the best evidence must be adduced which the nature of the case admits - The circumstances have to be examined cumulatively.

Indian Penal Code,1860  - Section 302

Murder of four persons - Death sentence commuted to life imprisonment - Rarest of rare case - Accused committing murder of his wife and 3 minor children while asleep - Death sentence commuted to life imprisonment on basis of following mitigating circumstances - (i) All this happened in the spur of moment. (ii) There was rift between husband and wife as wife used to talk to a neighbour despite the accused forbidding her. (iii) Prior to the commission of the crime, none of the prosecution witnesses, including the immediate blood relations of the deceased, made any complaint about his behaviour of character. (iv) Subsequent to the commission of the crime, he was in such a mental state that he wanted to commit the suicide and even inflicted injuries to his own throat and also went to the bye-pass road with the intention of committing suicide. (v) Accused felt great remorse and was sorry for his acts. (vi) Informed the Police correctly about what he had done. (vii) Accused himself is the greatest sufferer - He has lost his children, whom he had brought up for years and also his wife. (viii) It was a crime which had been committed out of suspicion and frustration.

The Code of Criminal Procedure, 1973  - Section 154 , The Indian Evidence Act, 1872  - Section 24

Accused committing an offence and lodging FIR himself - Statement of accused cannot be treated as confessional statement but it would attain its admissibility in evidence as an FIR recorded by the competent officer in accordance with law.

The Code of Criminal Procedure, 1973  - Section 313

Statement of accused under Section 313 Criminal Procedure Code whether can be used against accused - Held - (i) Statement of an accused under Section 313 Criminal Procedure Code can be used as evidence against the accused, insofar as it supports the case of the prosecution. (ii) It is also true that the statement under Section 313 Criminal Procedure Code simplicitor normally cannot be made the basis for conviction of the accused - But where the statement of the accused under Section 313 Criminal Procedure Code is in line with the case of the prosecution, then certainly the heavy onus of proof on the prosecution is, to some extent, reduced.

Topic(s)-No Eye-witness , Criminal Jurisprudence

Important Decision(s)- 

  • Accused committing an offence and lodging FIR himself - Statement of accused cannot be treated as confessional statement but it would attain its admissibility in evidence as an FIR recorded by the competent officer in accordance with law.
  • Section 313 Criminal Procedure Code whether can be used against accused.







                                                                          Full Judgement Body is not available


     
@2016 Indian Law
Name
Email ID
Please Wait..