Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Murder

Monday, December 05, 2011

Murder — Recovery of the dead body in a crime is not a condition precedent for conviction — Once the case of abduction by the appellants stands proved, the burden of proof is shifted on the respondents to disclose as what happened to the deceased. 

Thursday, December 09, 2010

Murder — A murder by burning, by itself, would be a very cruel act — The agony caused to the dying witnesses because of their burn injuries would be enormous.


Murder — By burning — Five persons lost their life while the sixth person suffered 70% burn injuries — Death Sentence — Whether rightly awarded by the Trial Court and rightly confirmed by the High Court ? — The murder was committed in a cruel, grotesque and diabolical manner and there was no immediate provocation to the accused — When all the members of the family were having their food, the accused poured petrol in the room and set it to fire and went to the extent of closing the door also — Everybody in that room was burnt with the exception of Balwant Singh, who somehow, was able to open the room and come out — Even he was not spared and almost beheaded by the accused by a blow of sword — Accused was also carrying a pistol — Held, considering the overall circumstances, it is clear that the accused had done this with pre-meditated and cold-blooded mind, as he had taken the trouble of carrying petrol to his own cousin’s house — The death sentence was rightly awarded by the Trial Court and was rightly confirmed by the High Court.


Murder — By burning — Pouring of the petrol extensively would rule out the intention on the part of the accused only to burn the house.

Sunday, November 21, 2010

Murder — Eye-witnesses PW-2 and PW-3, in the present case, have  stated that the apellant-accused had fired only once from his licensed double-barelled gun — Medical evidence, however, shows that the deceased suffered multiple gun shot injuries — Doctors examined i.e. PW-5 & PW 10 were not ballistic experts — They were not able to state as to whether the injuries were caused by a single shot from a double-barrelled gun — Held, ocular version given by the prosecution witnesses is not inconsistent with the medical evidence — Mutiple injuries on the deceased could have been caused by a single shot from a double barrelled gun — Indian Penal Code, 1860 Section 302 — Modi’s Medical Jurisprudence and Toxicology (19th Ed. Pg. 221).

Wednesday, February 17, 2010

Murder — Circumstantial Evidence — Presumption of innocence — Held, when a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.

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