- Requirements to invoke exception 4 of Sec 300, IPC 1860 [Surinder Kumar v. Union Territory of Chandigarh, (1989) 2 SCC 217]
- It was a sudden fight.
- There was no premeditation.
- The act was done in heat of passion
- The assailant had not taken any undue advantage or acted in a cruel manner.
- Free & Fair Trial [ Ajay Singh & Anr v. State of Chhattisgarh, (2017) 3 SCC 330]
- The exponent on the behalf of accuse cannot be permitted to command the trial on the plea of fair trial and similarly, the proponent on the behalf of accused should not always be allowed to ventilate the grievance that his cause has not been fairly dealt with in the name of fair trial.
- Nirbhaya Case- court dismissed the review petition filed the accused. [Mukesh v. Govt of NCT of Delhi ]
- Mukesh (one of the accused) argued that he was not in the bus and he has nothing to do with the incident.
- Court rejected his contention and said- “The factum of he being involved in the offence having been gone into by all courts and after marshalling the evidences, he having been convicted and sentenced, it is not open for the petitioner in the review petition to contend that he had nothing to do with the incident”
- Witness Credibility [ State of U.P v Anil Singh, 1988 Supp SCC 686 ]
- It is the duty of the court to cull out the nuggets of truth from the evidence unless there is a reason to believe that the inconsistencies or falsehood are so glaring as utterly to destroy confidences in the witnesses.
- Whether FIR can be used as evidence? [Madhusudhan Singh v State of Bihar, (1996) 11 SCC 248 ]
- FIR by itself is not substantive evidence. It can be used to contradict or corroborate the maker in the manner provided under the Evidence Act.
- So conviction on the basis of FIR without any substantive evidence is illegal.
- Power of HCs under Sec 482 of CrPC, 1973? [ Shalini Shyam Shetty v Rajendra Shankar Patil, (2010) 8 SCC 329 ]
- The power under Sec 482 is to be exercised only in respect of interlocutory orders to give effect to an order passed under Criminal Procedure Code or to prevent abuse of the process of any court or otherwise to serve the ends of justice.
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Criminal Law Research & Review 