March 27, 2018

5 Important Judgments Pronounced today 27th March 2018 with Head Notes

1. Abdul Rashid Wagay v. Ghulam Rasool Lone [Jammu & Kashmir High Court]

Constitution of India - Article 226 & 227 - Jurisdiction under Article 227 must be sparingly exercised and may be exercised to correct the errors of the jurisdiction and the like, but not to upset the findings of the fact, which falls in the domain of an appellate court only.

2. Mangal @ Duryodhan Dandpath v. State [Chattisgarh High Court]

Penal Code, 1860 - Ss. 323, 506-B, 376 - Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - S. 6 - trial Court has sentenced the appellant to undergo imprisonment for life - It appears to be excessive and is on higher side - cause of justice would be best subserved if the imprisonment for life is altered to rigorous imprisonment of 12 years.

3. Najju v. State of M.P. [Madhya Pradesh High Court]

Circumstantial Evidence - When a case is based on circumstantial evidence, the prosecution has to satisfy that the circumstances from which the conclusion of guilt is to be drawn should be fairly established and should be consistent with only the guilt of the accused.

4. Mohd. Khalid v. State of U.P. [Allahabad High Court]

Penal Code, 1860 - Ss. 420, 467, 468, 471, 120-B, 121-A, 122 - Arms Act, 1959 - Ss. 3/5/25/30 - Bail Application - rifles were recovered from possession - all the accused persons operated in a form of a gang - this is not a fit case to grant bail to accused persons.

5. Shyam Lal v. State of Madhya Pradesh [Chattisgarh High Court]

Penal Code, 1860 -S. 498A - Living with another woman may be an act of cruelty on the part of the husband for the purpose of judicial separation or dissolution of marriage, but the same would not attract the worth of Section 498A IPC.
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