This article discusses the legal implications arising in a case where a husband is accused of strangulating and murdering his wife. It examines the evidentiary principles applicable in homicide cases, including circumstantial evidence, medical evidence, burden of proof, and the scope of offences punishable under the Indian Penal Code relating to murder and domestic violence.
Criminal Law
Trial court convicted the accused with lesser sentence
This article discusses the legal remedies available when a trial court convicts an accused person but imposes a lesser or inadequate sentence. It examines the powers of the appellate court to enhance the sentence, the right of the State or complainant to file an appeal for enhancement, and the principles governing sentencing in criminal jurisprudence under Indian law.
Delay in trial despite order of the high court
Delay in trial despite order of the high court. I have been facing a criminal trial since 2012. A criminal case was lodged against me in February 2012 under sections 408, 420, 463, 477, 120B read with 34 of the IPC, which is pending in the trial court. The trial court...
Lapses in the investigation under SC/ST Act
Lapses in the investigation under SC/ST Act. In a case under the SC/ST Act, a sub-inspector conducted the investigation, while the Assistant Commissioner of Police (ACP) merely signed the chargesheet without visiting the scene of the crime, conducting physical...
Obstruction in construction despite obtaining necessary permissions
Obstruction in construction despite obtaining necessary permissions. I have obtained the required permissions from the local Municipal Corporation for constructing my residential building. However, despite providing proper curtain cover to prevent dust and...
Quashing FIR lodged under prevention of corruption act against other than public servant
FIR lodged under prevention of corruption act against other than public servant. I am working under a service provider agency which is hired by the rural department for providing different experts for inspection of work conducted under the public works department...
Allegations of kidnapping and death threats: my father-in-law’s filed fir
Allegations of kidnapping and death threats: my father-in-law's filed fir. My father in law filed an FIR for the offence of kidnapping and threatening us if we return to our city. I solemnised marriage with my girlfriend when her father came to know about it and he...
My wife is living with me after compromise but the court refused to quash criminal case initiated by my wife under 498 A IPC
There is compromise with my wife in a criminal case. My wife is living with me after compromise but the court refused to quash criminal case initiated by my wife under 498 A IPC. There was some dispute between me and my wife therefore, my wife had left my house and...
Penile penetration is mandatory for rape under section 376 IPC before amendment act 2013
Penile penetration is mandatory for rape under section 376 IPC before amendment act 2013. My brother has been convicted in the fake criminal case lodged under section 376 and 354 IPC. He was contesting election for gram pradhan in 2009 and won that election. Our...
Circumstantial evidence can be form the basis of conviction if there is no eye witness and circumstances of chain is complete
Circumstantial evidence can be form the basis of conviction if there is no eye witness and circumstances of chain is complete. I am a teacher and the most senior staff member in my school after the principal. When the principal was on leave for ten months, I was in...