Category: 302
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Extra Judicial Confession not to be believed when made to a Stranger
In criminal cases in Tamil Nadu, there are usually particular distinctive feature that the Accused on his own accord makes an extra judicial confession to the Village Administrative Officer, after the incident, but prior to his arrest. In Moorthy vs. State of Tamil Nadu 2023INSC739, this usual feature of making confession before a stranger had…
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The curious case of triple murder
In a very interesting decision in Ashish Jain Versus Makrand Singh and Ors. decided on 14th January 2019, the Supreme Court deals with a host of issues in an appeal against the order of acquittal passed by the High Court of Madhya Pradesh, Jabalpur, Gwalior Bench. The Trial Court found the three accused persons Makrand…
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Burden is on the accused when an inmate of the house is found murdered – SC
In case of murder based on circumstantial evidence, when an inmate of a house is murdered, what is the burden on the accused? The brief facts are that the deceased Meena Devi, her son and her daughter used to live along with her brother in law, Raj Kumar (accused). The accused had returned home on…
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Role of Ligature Mark in differentiating cases of hanging and strangulation
Forensic medico-legal evidence revealed through autopsy has always been regarded as one of the most important piece of evidence. In cases of homicides, ligature marks goes beyond to prove whether it is a case of strangulation or hanging. Ligature marks are those marks made by an item of cord, rope, silk or some such material that has been…
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Absence of Second Ligature Mark rules out strangulation
The Supreme Court on 14th August 2018 in the case of State of Karnataka vs. Srinivasa came out with a short decision refusing to interfere with the decision of the High Court acquitting the accused person in a charge of 302. Simple Facts A1 was alleged to be in a relationship with A2. A1 was…