High Court shifts conviction from ‘murder’ to ‘culpable homicide not amounting to murder’ after finding no unusual behavior in attack

The High Court of Chattisgarh has shifted the conviction of the convict from Section 302 of the IPC to Section 304 Part­I of the IPC after finding that the accussed hasn’t shown any unusual behaviour in the claimed attack on the deceased which showed that he knew that the attcak may result in death but wasn’t intending to murder the deceased intentionally.

The Court also found lapse on behalf of the family of the deceased as they took the victim to Police Station first and not the hopital. The doctor said in his statement that the life of the deceased could have been saved if she was brought to hospital immediately after death.

The case goes around wherein the sister-in-law of the covnvict has been attacked by him on the day of her marriage. The reason as disclosed was that he had acquired some liking for her and was disturbed of the fact of her getting married. The incident had two eye witnesses which gave statements against the convict and confirmed the fact that he was the one who committed the crime.

The deceased died immediately after lodging FIR to which the Court examined whether the same is admissible in evidence as dying declaration. The Court took notice of cases such as Dharam Pal & Ors. Vs. State of UP {AIR 2008 SUPREME COURT 920}, wherein the Supreme Court has observed thus in Para­10:­

Similar observation has been made by Karnataka High Court in Ismail Vs. State of Karnataka {2000 CRI.L.J. 1994}.Learned Counsel for the appellant would submit that the act of the appellant would not amount to culpable homicide but it would amount to culpable homicide not amounting to murder and at best, the offence would fall under Section 304 Part­I of the IPC and not under Section 302 of the IPC.  He would refer  to  the  judgment  rendered  by  the  Supreme  Court in the matter of Lavghanbhai Devjibhai Vasava Vs. State of Gujarat {(2018) 4 SCC 329}.

The Court took notice of the fact that the appellant has inflicted one single blow over the neck of the deceased which means he has not acted in cruel or unusual manner in the sense that after giving one blow he did not repeat the blow. The Court was of the considered opinion that the appellant has committed offence with knowledge that it may cause death of the deceased but had no intention to commit murder.

Considering all this the Court stated that offence would fall under Section 304 Part­I of the IPC and not under Section 302 of the IPC.

Kathua gangrape case: Court asks to share names of witnesses who do not face threat

Pathankot: In hearing the gruesome rape and murder case of an eight-year-old girl, today district and sessions court asked the prosecution to share, a day in advance with defending lawyers, names of those witnesses who do not have any security threat, a lawyer said.

Pathankot District and Sessions Judge Tejwinder Singh, while hearing a petition of defence counsel for disclosure of names of witnesses in advance, left it to the prosecution to share the names of only such witnesses, a day in advance with defence lawyers, who do not have any security threat, said Special Public Prosecutor J K Chopra.

The court, while disposing off three applications of defence counsel, asked it would be appropriate to direct the prosecution to disclose the names of witnesses in advance a day before examination barring those who are under threat, Chopra said.

Defence counsel A K Swahaney told reporters that the court agreed with their plea for disclosure of witnesses names in advance.
The defence had last month moved the court with the plea saying that it would help them in preparing for their case.
The judge, however, took cognizance of the crime branch application in which they had pleaded that disclosing names in advance will have a bearing on their security, Chopra said.
However, it agreed that such names, who do not face any threat, will be shared in advance, he added.
The crime branch of the Jammu and Kashmir Police had highlighted that some vested groups in Hiranagar and Kathua area had launched a well-organised campaign against the investigating agency by large-scale propaganda on electronic, print and social media to “mislead the masses”.

The prosecution also brought to notice that a targeted campaign to intimidate witnesses had come to fore.

BMW case: Court rejects Maharia’s bail plea

BMW case: Court rejects Maharia's bail plea
BMW case: Court rejects Maharia’s bail plea

A court here today rejected the bail application of Siddharth Maharia, who allegedly killed 3 men and injured five others by his BMW car earlier this month.

Additional District Judge Barkat Ali rejected the bail application of Maharia, Additional PP Rajesh Pareek said.

Maharia, son of independent MLA Nandkishore Maharia, was driving the car at high speed in inebriated condition and hit an autorickshaw and a police van leaving three passengers of an autorickshaw dead and five others including four policemen injured on July 2.

He was arrested under section 304 of IPC (punishment for culpable homicide not amounting to murder).

(Source : PTI)

Peter, Indrani conspired to kill Sheena: CBI tells HC

Peter, Indrani conspired to kill Sheena: CBI tells HC
Peter, Indrani conspired to kill Sheena: CBI tells HC

Peter Mukerjea had along with his wife Indrani Mukerjea conspired to kill her daughter Sheena Bora as they were not happy with her relationship with Peter’s son Rahul, the CBI told the Bombay High Court today while opposing the former media baron’s bail plea.

The agency also said that probe in the case was still on and it is at a crucial stage, and hence releasing Peter on bail would be “prejudicial” and would hamper the case.

“Peter Mukerjea along with the other accused entered into criminal conspiracy to commit the heinous crime with a cool mind, in a premeditated and planned manner. Both Indrani and Peter were not happy with the love affair of Sheena and Rahul Mukerjea,” the agency said in its affidavit.

The agency submitted its affidavit before Justice P N Deshmukh today while opposing Peter’s bail plea.

Justice Deshmukh later posted the plea for next hearing on July 27.

Peter, who was arrested by CBI on November 19 last year for his alleged involvement in Sheena’s murder, had approached the high court seeking bail after the sessions court rejected his plea.

In his bail plea, he claimed that there is nothing incriminating against him in the CBI charge sheet.

Peter is the fourth accused to be arrested in the murder case, along with wife Indrani, her former husband Sanjeev Khanna, and her former driver Shyamvar Rai.

Striking down Peter’s earlier claims that he had no problem with the relationship between Rahul and Sheena, the CBI said, “Peter too was not happy with the love affair. In 2009, both Peter and Indrani with the help of a friend separated Rahul and Sheena.”

To corroborate this claim, the CBI is relying on an email sent by Rahul to his father on May 28, 2012, in which Rahul mentions that Peter separated him and Sheena.

The probe agency further relied on an email sent by Peter to Sheena on April 3, 2011, stating that he expected Rahul to start earning independently and make a decent living but instead he got into a relationship.

“Peter Mukerjea had even told his friend that the relation between Rahul and Sheena was not ‘correct’. It clearly reflects that both Peter and Indrani were not happy with the relationship and tried to separate them. When their efforts to do so did not work, they (Peter and Indrani) hatched the conspiracy to murder Sheena,” the CBI said.

The agency further claimed that Peter was in touch with all the accused prior to the murder, the day on which the murder took place and even after that. .

(Source : PTI)

Two get capital punishment for kidnap & murder of minor

Two get capital punishment for kidnap & murder of minor

kidnap & murder
kidnap & murder

Mehsana, A court at Visnagar in Mehsana district today awarded death sentence to two persons for kidnapping and murdering a five-year-old boy in March 2012.

Additional Sessions Judge of Visnagar K M Dave awarded the death sentence to Akshay Patel and Kuldip Panchal observing that the nature of crime was “inhuman” as they buried the minor, who was still alive, after his throat was slit with a blade.

The post-mortem report said that the boy was buried alive, the court stated.

The duo murdered Maharsh alias Bholu (5), son of local businessman Pratik Patel, after kidnapping him when he was playing outside his house at Anand Nagar Society in Visnagar on March 17, 2012.

Akshay Patel, who worked at the office of the victim’s father, had hatched the plan along with Panchal in order to extract Rs 50 lakh in ransom.

After questioning 15 persons on the basis of suspicion, police had narrowed down on the duo by tracing their call records.

They had made two calls to the father of the victim demanding Rs 50 lakh ransom, then strangulated the boy and slit his throat using a blade. Thereafter, they buried him at a spot under the bridge at Rakao village in Patan.

Two get capital punishment for kidnap & murder of minor

PTI

Moga case: Prosecution asked to record evidence of witness

Moga case: Prosecution asked to record evidence of witness
Moga case: Prosecution asked to record evidence of witness

A local court of Moga has directed the prosecution to record the evidence of witnesses in the death case of 13-year-old girl who was allegedly molested and thrown off a moving bus in Moga, on December 11.

Additional Sessions Judge Gurjant Singh on Saturday gave the direction on Saturday after no one turned up on the day for recording of evidence of witness including the members of the aggrieved family.

The Court has already framed charges against four persons including bus driver, conductor and helpers under various sections of the IPC and the SC/ST Act.

The Punjab and Haryana High Court had earlier directed to put the case on fast track for trial but refused to hand it over to the CBI as the trial had already begun in the sessions court.

A woman and her teenaged daughter were allegedly molested and thrown off a running bus, leaving the girl dead and mother seriously wounded.

The shocking incident occurred on April 29 close to Gill village on Moga-Kotkapura road, about 10 km from Moga district headquarters.

( Source – PTI )

Sheena case: CBI moves court to quiz Indrani, 2 others in jail

Sheena case: CBI moves court to quiz Indrani, 2 others in jail
Sheena case: CBI moves court to quiz Indrani, 2 others in jail

The CBI on Thursday moved the Mumbai sessions court seeking permission to question prime accused Indrani Mukerjea, her former husband Sanjeev Khanna and her driver Shyamvar Rai in jail in the Sheena Bora murder case even as judicial custody of the trio was extended till December 17.

“We seek permission to interrogate the accused in jail for three weeks,” CBI special prosecutor Kavita Patil told the court.

However, Special Judge H S Mahajan is likely to hear the probe agency’s plea on Monday.

On November 20, a Metropolitan Magistrate court had transferred the trial in the case to a sessions court here and had directed that the three accused be produced there on December 3.

According to CBI sources, they have received the forensic laboratory report on the Skype communication and messages amongst the trio.

“We need to confront the accused with these FSL reports,” they said.

Meanwhile, Indrani, through her lawyer, moved an application seeking statements of witnesses recorded before the court.

The 43-year-old has also sought Rai’s confessional statement in the case. The court will hear this application too on Monday.

Indrani, Khanna and Rai were chargesheeted after their arrest in the case in August this year. Indrani’s husband and former media baron Peter Mukerjea is in judicial custody till December 14.

He was arrested on November 19 and was subsequently subjected to sustained grilling and polygraph test during his 11-day CBI custody.

Sheena (24), Indrani’s daughter from an earlier relationship, was allegedly strangled in a car and then her body burnt and dumped in a forest in Raigad, about 84 kms from Mumbai.

While Indrani is lodged in the Byculla womens’ prison, Peter is kept at the high-security Arthur Road Jail here, where other two accused in the case–Khanna and Rai — are also lodged.

( Source – PTI )

MCOCA court adjourns trial in J Dey murder case till Nov 23

MCOCA court adjourns trial in J Dey murder case till Nov 23
MCOCA court adjourns trial in J Dey murder case till Nov 23

A special Maharashtra Control of Organised Crime Act (MCOCA) court today adjourned the trial in the journalist J Dey murder case till November 23 after it was told byMumbai Police that the state government has handed over all cases against underworld don Chhota Rajan to CBI.

“The case is adjourned on the ground that the government has handed over (J Dey) case to CBI. The copy (of notification) is not yet received and defence (advocate) has no objection. In view thereof (the case) is adjourned to November 23 for recording of evidence,” observed MCOCA Special Judge A L Pansare during proceedings in the case.

The court directed Mumbai Police to produce the copy of the notification at the earliest.

However, the judge sought to know if the entire trial is transferred or further investigation is transferred to CBI.

“CBI may carry out further investigation but what about the present trial,” the court asked.

“Make an application why the trial should not proceed today, there should be some reason,” the judge said when Assistant Police Commissioner Sunil Deshmukh told the court that the case has been transferred to CBI.

When Deshmukh submitted that since the case has been taken over by CBI, the matter has to go to the special CBI court, judge Pansare said that CBI court notification was not required.

“No law says that CBI-investigated case has to go to CBI court,” the judge said.

Rajan was arrested at Bali airport on October 25 on the basis of an Interpol Red Corner notice after he reached there from Australia. He was deported to India on November 6.

On the eve of his deportation, the Maharashtra government had handed over all the cases against the underworld don to CBI because of its expertise in “handling transnational crimes”.

 

( Source – PTI )

HC upholds life sentence to man for killing pregnant wife

HC upholds life sentence to man for killing pregnant wife
HC upholds life sentence to man for killing pregnant wife

Observing that the prosecution had proved its case beyond reasonable doubt, the Bombay High Court has upheld the life imprisonment given to a man for killing his pregnant wife at Charkop in suburban Kandivali in 2007.

Dismissing an appeal filed by the convict, a bench noted, “on going through the record, we are of the opinion that the appellant has committed the murder of his wife Sonali. Thus, we find no merit in the appeal.”

Rahul Mandal was convicted by a Mumbai sessions court on December 16, 2010 for killing his wife Sonali at their home in Kandivali. The incident occurred on October 23, 2007.

According to prosecution, Rahul suspected his wife’s character and had a quarrel with her on the ill-fated day. In a fit of rage, he assaulted her with a belt, roller pin and knife.

Unable to bear the pain, the victim shouted for help and her cries were heard by neighbours Praveen and Chhaya, the prosecution witnesses who came out of their house to render assistance. Four-month pregnant Sonali died due to the alleged assault by her husband.

Rahul summoned a doctor to his house. However, noticing injuries on her person and blood oozing out of the body, the doctor became suspicious and informed police who arrested the husband of the deceased.

According to post mortem report, 17 injuries were found on Sonali’s body. Out of them, 8 were contusions on the face, chest, knee and legs. In addition, three contused lacerated wounds were found on the skull. Two incised wounds were found on the chin and one on the arm. Besides nail marks and abrasions were also found on the body.

In the opinion of the doctor, the probable cause of death was due to strangulation associated with multiple contusions all over the body including the head (unnatural).

Police filed a charge sheet in the court and Rahul was booked for the murder charge. He denied the charges and faced trial. However, he was found guilty and sentenced to life imprisonment.

Being aggrieved, he filed an appeal in High Court which upheld the punishment awarded to him by a lower court.

( Source – PTI )

HC upholds life sentence of 4 for murdering couple

HC upholds life sentence of 4 for murdering couple
HC upholds life sentence of 4 for murdering couple

Twenty-two years after the death by stabbing of a Chembur couple in the 1993 riots that followed the Babri Masjid demolition, the Bombay high court upheld the life sentence given to four people for the crime.

A division bench of Justice Vijaya Kapse-Tahilramani and Justice Ajay Gadkari dismissed the appeal filed by Chembur residents Suhas Panchal (46), Chandan Lokhande (38), Sanjay Mandavkar (54) and Sunil Mandavkar (42) challenging their conviction. The trial itself took place 15 years after the incident and the trial court order came in 2011, after which the four were sent to jail.

The prime witnesses were the dead couple’s children, who were school students at the time of the incident.

“It is to be noted that the ghastly incident took place in their house which they witnessed, has had imprint on their minds even after period of 15 years,” said the judges. “We are of the considered opinion that the quartet are the perpetrators of the crime and are guilty of the offence for which they are charged with.”

The incident dates back to January 10, 1993. Gani Shaikh used to live in Chembur with his wife Rabiya and four children. Shaikh was warned by Mandavkar to vacate his house and leave a few days before the incident. On the night of the incident, the family woke up to stone-pelting by a mob. Rabiya asked the children to hide under the cot. The accused tried to drag Shaikh out, and when Rabiya intervened she was stabbed to death with a sword. The children ran out to the road and tried to get help.

A police van that was passing by came to their help, and took a severely injured Shaikh to hospital, where he succumbed to his injuries.

( Source – PTI )