|
Citation
|
Judgment date
|
| November 1985 |
|
|
|
16 November 1985 |
|
Evidence contradicted suicide; severe injuries and conduct established intent to kill, conviction for murder and death sentence.
Criminal law — Murder — Distinguishing suicide from homicidal assault — Medical and eyewitness evidence on cause of death — Circumstantial evidence (history of ill‑treatment and post‑offence conduct) relevant to intent — Sentence: death.
|
15 November 1985 |
|
Appellate court dismissed administratrix’s claim to livestock as estate property due to insufficient evidence, hearsay, and undue delay.
Administration of estates – claim to property as estate assets – burden of proof and admissibility of hearsay – effect of delay and failure to claim while custodian alive – appellate review of lower courts' findings.
|
14 November 1985 |
| June 1985 |
|
|
Circumstantial evidence weakened by inconsistent witnesses and investigative omissions failed to prove murder beyond reasonable doubt.
Criminal law – Murder – Circumstantial evidence must exclude other reasonable hypotheses – Evidence and credibility – Witness inconsistencies and intoxication – Investigative shortcomings and non-production of alleged weapons – No-case submission and acquittal under s.278(1) Criminal Procedure Code.
|
22 June 1985 |
|
Dying declarations corroborated by medical and circumstantial evidence supported manslaughter convictions for excessive force during an arrest.
Criminal law – admissibility and corroboration of dying declarations (s.34 Evidence Act) – corroboration by circumstantial and medical evidence – unlawful excessive force during arrest – manslaughter (s.195 Penal Code) – murder distinguished for lack of malice aforethought.
|
17 June 1985 |
| November 1984 |
|
|
Reported
Civil Practice and Procedure - Assessors - Whether trial court’s award invalid where assessor does not express opinion,
Family Law - Cohabitation - Whether court can compel cohabitation - Law of Marriage Act, 1971 section 140. |
22 November 1984 |
| February 1984 |
|
|
Prosecution failed to prove accused caused fatal head injury beyond reasonable doubt; accused acquitted and discharged.
Criminal law – Murder – Proof of causation and identity of perpetrators – Reliability and contradictions in eyewitness testimony – Effect of delayed police investigations and late-recorded statements on evidential weight – Burden of proof beyond reasonable doubt.
|
24 February 1984 |
|
A voluntary extra-judicial confession can convict its maker but cannot, alone, convict a co-accused; lack of proof of malice precludes murder.
Criminal law – homicide – distinguishing murder from lesser offences where malice aforethought not proved. Evidence – extra-judicial/confessional statement – admissibility and weight against maker. Evidence – confession by one accused insufficient alone to convict co-accused (statutory protection). Witness credibility – inconsistencies among eyewitnesses affecting proof of presence and participation.
|
6 February 1984 |
| January 1984 |
|
|
Belief in witchcraft, absent sudden provocation, does not reduce deliberate killing to a lesser offence.
Criminal law – Murder vs provocation – Belief in witchcraft insufficient per se for legal provocation; provocation requires sudden heat of passion with no time to cool; inconsistent statements and voluntary confession evidencing premeditation; medical evidence of repeated severe blows supports murder conviction.
|
30 January 1984 |
| September 1983 |
|
|
Insanity defence rejected where accused’s actions showed understanding and concealment; convicted of murder and sentenced to death.
Criminal law – murder; insanity defence – statutory test (disease of mind; inability to understand act; inability to know wrongfulness) – psychiatric evidence and weight – self-induced intoxication not a defence to premeditated killing; admissibility/weight of accused’s disclosures to psychiatrist.
|
19 September 1983 |
|
Eyewitness identification and brutality of attack proved murder; accused convicted and sentenced to death.
Criminal law – Murder; eyewitness identification; post-mortem evidence; intention to kill; lack of motive not fatal where identity proved; sentence of death.
|
7 September 1983 |
|
|
3 September 1983 |
| March 1983 |
|
|
Circumstantial evidence, alibi rejection, and failure of drunkenness/provocation defences supported conviction for murder.
Criminal law – Murder – circumstantial evidence – alibi credibility – voluntary drunkenness – provocation – specific intent – possession/identification of accused's property at scene.
|
9 March 1983 |
| February 1983 |
|
|
|
12 February 1983 |
| December 1982 |
|
|
Accused acted in self-defence but used excessive force, warranting a manslaughter conviction and nine-year sentence.
Criminal law - homicide; admissibility and weight of extra-judicial statement; self-defence and defence of property (s.18A); reasonable force limitation and excessive force leading to manslaughter (s.18B); conviction reduced from murder to manslaughter.
|
17 December 1982 |
|
|
13 December 1982 |
|
Circumstantial evidence (stick and drag marks) did not exclude reasonable alternative hypothesis; accused acquitted.
Criminal law – Murder – wholly circumstantial evidence – identification of deceased’s property – drag marks linking scene to accused’s premises – alibi – requirement that circumstantial facts be incompatible with innocence and exclude reasonable alternative hypotheses before conviction.
|
11 December 1982 |
| August 1982 |
|
|
|
23 August 1982 |
|
|
9 August 1982 |
| May 1982 |
|
|
|
17 May 1982 |
| January 1982 |
|
|
|
1 January 1982 |
| December 1981 |
|
|
Eyewitness proof of a violent joint assault established manslaughter, but not murder, due to lack of proven malice aforethought.
Criminal law — Homicide: credibility of eyewitnesses; sufficiency of direct evidence where post‑mortem inconclusive; malice aforethought as element distinguishing murder from manslaughter; common intention (section 23) and joint assault.
|
4 December 1981 |
| November 1981 |
|
|
Accused who helped bury murder victims convicted as accessories after the fact; compulsion defence rejected.
Criminal law – Accessory after the fact – Elements: knowledge of offence and assistance to enable escape from punishment; conviction of principal not required; compulsion defence scrutinised and rejected where conduct indicates voluntary concealment; evidentiary value of identification and post‑mortem reports; sentencing—first offenders and remand custody considered.
|
20 November 1981 |
|
Circumstantial and identification evidence failed to exclude reasonable hypotheses of innocence; accused acquitted.
Criminal law – Murder – conviction on circumstantial evidence – requirement that inculpatory facts exclude every reasonable hypothesis of innocence. Identification – reliability of witness identification in poor lighting; inconsistency in witness accounts undermining certainty. Forensic/weapon evidence – whether weapon in accused’s possession was proven to be the weapon used. Standard of proof – prosecution's burden to prove guilt beyond reasonable doubt where evidence is circumstantial.
|
13 November 1981 |
| October 1981 |
|
|
The accused's alibi was rejected, provocation not established; convicted of murder and sentenced to death.
Criminal law – Murder – Alibi – credibility of alibi evidence – Eyewitness identification – Medical evidence of lethal wounds – Provocation not established – Intention to cause grievous harm/death – Sentence: death by hanging.
|
21 October 1981 |
|
Provocation and fear of harm found, but excessive retaliation converted an otherwise provoked killing into manslaughter with a seven-year sentence.
Criminal law – Homicide – Self-defence and provocation – Excessive retaliation vitiates justification; reliance on extra-judicial statement and burden to disprove it; reduction of murder to manslaughter where provocation established but response disproportionate.
|
19 October 1981 |
|
A single fatal punch lacked proof of intent to kill; conviction reduced to manslaughter and ten-year sentence imposed.
Criminal law – Homicide: murder versus manslaughter – intention to kill or cause grievous harm required for murder; single fist blow causing fatal cervical injuries insufficient to prove intent – unlawful act manslaughter established. Defences of drunkenness and provocation rejected. Sentence: ten years' imprisonment with remand period as mitigation.
|
10 October 1981 |
|
Accused convicted of murder; intoxication and provocation defences rejected; sentenced to death despite being under 18 at time of offence.
Criminal law – murder – proof of intent to kill or cause grievous harm – use of lethal weapon to vulnerable part of body. Defences – intoxication and temporary insanity – when intoxication negates specific intent; factual lucidity defeats defence. Defences – provocation – requirement of grave and sudden provocation and no cooling‑off. Evidence – witness credibility and post‑mortem corroboration. Sentencing – capital punishment; age at offence noted but did not preclude death sentence under prevailing law.
|
5 October 1981 |
| February 1980 |
|
|
Whether extra‑judicial confessions (with a single interpreter) were voluntary and sufficient to convict accused of massacre-related murders.
Criminal law – admissibility and voluntariness of extra‑judicial confessions – double use of interpreter – corroboration by showing the scene and identification – inducement by promises – liability as principal in first and second degree.
|
7 February 1980 |
| January 1980 |
|
|
|
1 January 1980 |
| February 1978 |
|
|
Circumstantial evidence and the accused’s conduct established murder beyond reasonable doubt.
Criminal law – Murder – Proof by circumstantial evidence – identification of clothing, bones and blood on a footpath as proof of death and locus delicti. Inference of presence and culpability from accused’s conduct and inconsistent statements. Rejection of alternative hypotheses (epilepsy, wild animals) when accused had exclusive knowledge. Presence of a weapon (bill hook) and inference of intent to cause grievous harm/murder.
|
11 February 1978 |
|
Inconsistent eyewitness testimony and unproven forensic links rendered murder convictions unsafe; accused acquitted.
Criminal law – murder – reliance on eyewitness testimony – material inconsistencies and vacillation undermine credibility and may render conviction unsafe. Evidentiary law – corroboration required where eyewitness evidence is unsteady; uncorroborated, unreliable testimony insufficient for conviction. Forensics – weight of chemist’s evidence limited where chain of custody/seizure not proved. Recent injuries on accused – insufficient by themselves to establish guilt.
|
7 February 1978 |
|
A conviction cannot stand on uncorroborated, inconsistent eyewitness evidence and improperly founded forensic reports.
Criminal law – Murder – Sufficiency of evidence – Reliability and corroboration of eyewitness testimony – Admission of forensic (chemistry) evidence – chain of custody and provenance – Alibi and recent injuries.
|
7 February 1978 |
|
Conviction for attempted murder based on credible night identifications, motive and forensic proof of poison.
Criminal law – Attempted murder – Use of poisoned arrow – Forensic evidence of poison indicating intent to kill – Night identification – Credibility and opportunity to identify in moonlight – Alibi and its assessment – Trial judge's right to depart from assessors' views.
|
1 February 1978 |
| October 1977 |
|
|
Single‑witness identification from a chaotic scene was insufficiently reliable; accused acquitted for lack of proof beyond reasonable doubt.
Criminal law – Identification evidence – single eyewitness identification viewed from distance amid commotion – necessity for corroboration; Post‑mortem evidence – confirms fatal head injury but cannot attribute specific blow to particular assailant; Burden of proof – prosecution must disprove reasonable doubt; Self‑defence and common intention considered but not established.
|
27 October 1977 |
|
Single-witness identification amid chaos, without corroboration, insufficient to prove murder beyond reasonable doubt.
Criminal law – Identification evidence – Single eyewitness observed from a distance amid commotion – Necessity of corroboration where identification conditions are unfavourable; proof beyond reasonable doubt; attribution of injuries where multiple assailants involved.
|
27 October 1977 |
|
Circumstantial evidence (shoe, blood, concealment, avoidance) proved murder beyond reasonable doubt; conviction and death sentence.
Criminal law – Murder – Circumstantial evidence – Identification of exhibits at scene – Inference of presence and participation from shoe and signs of struggle – Forensic blood evidence and its evaluation – Accused’s disappearance and concealment as inculpatory circumstances – Motive (end of illicit relationship) as supporting malice aforethought.
|
15 October 1977 |
|
Killing found unlawful and violent but malice not proved; accused convicted of manslaughter, not murder.
Criminal law – murder v. manslaughter – requirement of malice aforethought; reduction to lesser offence where malice not proved beyond reasonable doubt. Criminal law – self‑defence – necessity, reasonable apprehension of imminent danger and possibility of withdrawal. Evidence – assessment of witness credibility; corroboration by post‑mortem findings.
|
11 October 1977 |
|
Eyewitness and post-mortem evidence rejected self-defence; malice not proved, conviction for manslaughter and life sentence.
Criminal law – Homicide – Distinction between murder and manslaughter; self-defence – requirements and limits; burden of proof as to malice aforethought; credibility of eyewitness corroborated by post-mortem.
|
11 October 1977 |
| August 1977 |
|
|
Accused committed the killing but was found legally insane at the time and thus not guilty; detained as a criminal lunatic.
Criminal law – Murder – Liability where accused suffers from mental disease – legal insanity and lack of criminal responsibility. Criminal Procedure Code s.168(2) – Procedure and disposition where accused insane at time of offence – submission of certified proceedings to Minister and custody as criminal lunatic. Evidence – Post-mortem finding of asphyxia/strangulation; psychiatric report; extra‑judicial admissions and eyewitness testimony.
|
15 August 1977 |
| July 1977 |
|
|
Whether using an unwashed insecticide‑contaminated gourd to serve milk amounted to culpable negligence causing a child's death.
Criminal law – Manslaughter by negligence – duty of care, culpable negligence, causation; use of utensil contaminated with insecticide to serve milk. Evidence – Post‑mortem and forensic toxicology evidence establishing poisoning; admissibility and weight of extra‑judicial statement. Causation – Presence of multiple poisons in viscera and relevance of finding only one poison at accused's premises.
|
1 July 1977 |
| May 1977 |
|
|
Unreliable identification and inconsistent witness testimony rendered evidence insufficient to convict the accused of murder.
Criminal law – Murder – Identification evidence – Daylight identification undermined by prior inconsistent statements and delay; Hostile witness – prior police statement usable only to test credibility; Voice identification and inconsistent eyewitness accounts insufficient to establish guilt beyond reasonable doubt.
|
23 May 1977 |
| April 1977 |
|
|
The accused were acquitted because accomplice testimony and identification evidence were unreliable and uncorroborated.
Criminal law – murder – sufficiency of evidence; accomplice evidence requiring corroboration; identification parade procedure and reliability; proof of death and identity of victim; limited forensic evidence (human bones) insufficient to convict.
|
28 April 1977 |
| January 1977 |
|
|
Accused convicted of attempted murder based on reliable eyewitness ID, motive and poisoned arrow; sentenced to eight years.
Criminal law – Attempted murder – Poisoned projectile (arrow) – presence of heavy dose of poison as evidence of intent to kill. Criminal law – Identification evidence – recognition in moonlight and close proximity – reliability and weight. Evidence – motive and prior threats – admissibility and probative value. Defence – alibi – requirement of credible contradiction by prosecution witnesses. Sentence – serious offence with aggravating poison factor; mitigation for first offender but substantial custodial term imposed.
|
1 January 1977 |
|
Court held witnesses and voluntary confessions credible, rejected provocation/self‑defence, and found common intention in fatal group assault.
Criminal law – homicide arising from group assault; admissibility and weight of extra‑judicial confessions; credibility of prosecution witnesses; provocation and self‑defence; common intention/joint enterprise liability.
|
1 January 1977 |
|
Court finds multiple accused assaulted a captured suspect; confessions corroborated, provocation and self‑defence rejected; common intention inferred.
Criminal law – homicide – confession – voluntary extra‑judicial statements and their corroboration – common intention – cumulative assaults causing death – provocation and self‑defence considered and rejected.
|
1 January 1977 |
| September 1976 |
|
|
Circumstantial evidence and recent-possession presumption insufficient to convict where possession and identification are doubtful.
Criminal law – Circumstantial evidence – Doctrine of recent possession – Requirements of recency and identification; ownership and identification of allegedly stolen items; adequacy of footprints/traces leading to a village.
|
13 September 1976 |
| August 1976 |
|
|
Suspicion of poisoning insufficient for murder conviction where medical and chemical evidence were inconclusive.
Criminal law – murder by poisoning – circumstantial and eyewitness evidence – forensic proof required to establish cause of death – mishandling of biological specimens undermining chemical analysis – acquittal where guilt not proved beyond reasonable doubt.
|
23 August 1976 |
|
Child identification corroborated by clothing, assembly and blood evidence sufficed to convict five accused of murder.
Criminal law – Murder – Identification evidence by child witnesses – Conditions for reliable visual identification at night – Need for corroboration of single-witness identification – Circumstantial corroboration (assembly at accused's house; clothing and bedsheet with deceased's blood group) – Alibi assessment.
|
19 August 1976 |
|
Sole eyewitness’s inconsistent, possibly biased identification rendered convictions unsafe; accused acquitted.
Criminal law – Identification evidence – Single eyewitness whose testimony contains inconsistencies and omissions – Credibility and reliability – Unsafe to convict; doctrine of common purpose not applicable where presence not proved.
|
6 August 1976 |