web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Nasruddin Mian Vs State of Bihar on 21 Jun 2021

Posted on July 4, 2021 by ShadesOfKnife

A division bench of Patna High Court held that this is not how a judgment is to be written, while acquitting a husband from a conviction given for the alleged offence of murdering his wife.

78. The judgment under consideration is an example of how not to write a judgment. It has repeatedly been emphasized by the Supreme Court that the Courts and Judges must make a dispassionate assessment of evidence and that the Courts and Judges should not be swayed by the horror of crime and the character of the person. The judgment should be made by a Judge uninfluenced by his own imagined norms of the functioning of the society.
79. The Trial Court ought to have avoided the sweeping and disparaging remarks made in para 42 of its judgment regarding the conduct of the appellants.
80. I fail to see as to how the Trial Court held in para 44 of its judgment that the charge was framed against the appellants under Section 498-A of the IPC after the informant filed an application for addition to the original charge. The order dated 08.05.2017 passed by the Trial Court, which has been extracted hereinabove, would clearly show that the original charge under Sections 498-A, 306 and 201/34 of the IPC was altered to Sections 304-B, 302 and 201/34 of the IPC. The trial court did not allow the prayer of the informant regarding addition of Sections 304-B and 302 of the IPC to the original charge already framed against them meaning thereby that due to alteration of the original charge vide order dated 08.05.2017, the charge under Sections 498-A and 306 became non-existent.
81. As a matter of fact, for all practical purposes, after alteration of the charge, the appellants were being tried only for the offences punishable under Sections 304-B, 302 and 201/34 of the IPC.
82. Surprisingly, in para 43 of the judgment, the Trial Court held that the case under Section 306 of the IPC is not made out. After alteration of charge, since there was no charge under Section 306 of the IPC, there was no occasion for the Trial Court to have recorded such finding in respect of Section 306 of the IPC.
83. Evidently, while passing the impugned judgment, the Trial Court had misconceived that the appellants were also being tried for the original charge framed under Sections 498-A and 306 of the IPC.
84. While saying so, I am mindful of the judgment of the Supreme Court in Shanti Vs. State of Haryana, since reported in (1991) 1 SCC 371, wherein it has been held that Sections 304-B and 498-A of the IPC are not mutually exclusive. They deal with two distinct offences. A person charged and acquitted under Section 304-B of the IPC can be convicted under Section 498-A of the IPC without charge being framed, if such a case is made out. But from the point of view of practice and procedure and to avoid technical defects, it is necessary in such cases to frame charges under both
the sections and if the case is established against the accused, they can be convicted under both the Sections but no separate sentence need be awarded under Section 498-A in view of the substantive sentence being awarded for the major offence under Section 304-B.

Nasruddin Mian Vs State of Bihar on 21 Jun 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/193472418/

Post Views: 136

Shades of Knife


Disclaimer:

The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.

Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can mask/redact content (like names of parties from cause title) from the Judgments posted on my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express direction from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Judicial Discipline Judiciary Antics Nasruddin Mian Vs State of Bihar Reportable Judgement or Order Sensational Or Peculiar Cases | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
rkgarimella ramakrishna @rkgarimella ·
31 May

.Take legal action on the mischief mongers? @NCBNOffice @ncbn @OfficeofNL @PawanKalyan @JanaSenaParty @apcpim @CpiAp @AdvocateAsr @SandeepPamarati @apngo_official @AshokParchuri @utfchittoor @Anitha_TDP @Ravinaidu1111 @RamuduM_RCT @IRayachoti @Telugodu1982 @DSGRAJU1 @SVSN_Varma

Reply on Twitter 2060946323273404827 Retweet on Twitter 2060946323273404827 3 Like on Twitter 2060946323273404827 2 X 2060946323273404827
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
rkgarimella ramakrishna @rkgarimella ·
31 May

.1.Please provide online facility for RTI Applications in the state.2. Start two regional offices at Vijayawada and Vizag for Lokayukta and APHRC? @NCBNOffice @cbn_updates1 @OfficeofNL @tv5newsnow @RamMNK @ravivallabha @abvrao @nalamotu @AdvocateAsr @SandeepPamarati @gvreddy0406

Reply on Twitter 2060967039142068602 Retweet on Twitter 2060967039142068602 2 Like on Twitter 2060967039142068602 2 X 2060967039142068602
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
rkgarimella ramakrishna @rkgarimella ·
31 May

.@SajjanarVC_IPS @SajjanarOffice @CVAnandIPS @bandisanjay_bjp @AdvocateAsr @SandeepPamarati @GvNarasaiah @lawyersrinu @apcpim @CpiAp @BjpVarma @BJP4Andhra @IYRKRao @iTDPVinukonda @SriKrishnaLavu @Collector_Plnd @Palnadu_Police @tv5newsnow @MP_Araku @VasBytes @ravivallabha @ANI

Reply on Twitter 2060993042606428296 Retweet on Twitter 2060993042606428296 2 Like on Twitter 2060993042606428296 2 X 2060993042606428296
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
rkgarimella ramakrishna @rkgarimella ·
31 May

.@AdvocateAsr @BhimavaramJSP @bjp4elurujilla @OfficeofNL @JP_LOKSATTA @Anitha_TDP @JSPWestGodavari @KRaghuRaju @BjpVarma @RamanaiduTDP @PawanKalyan @JanaSenaParty @JanasenaBadvel @NagababuPasam @CityJsp @HariramaJogayya @palakollu_NFans @Police_WG @NCBNOffice @VasBytes @DSGRAJU1

Reply on Twitter 2061065013641843078 Retweet on Twitter 2061065013641843078 2 Like on Twitter 2061065013641843078 1 X 2061065013641843078
Load More

Recent Posts

  • Are Offices of Dowry Prohibition Officers in AP designated as Police Stations? June 3, 2026
  • Pune Bar Association Vs Union of India on 22 May 2026 June 2, 2026
  • Chidurala Shyamsubder Vs State of Telangana on 27 Aug 2018 May 28, 2026
  • Birendra Kumar Tiwari Vs Neetu Tiwari on 07 Dec 2022 May 27, 2026
  • Parvinder Singh Khurana Vs Enforcement of Directorate on 19 May 2026 May 26, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (4,823 views)
  • Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 (3,347 views)
  • Umme Farva Vs State of U.P. and Anr on 14 Jan 2026 (3,179 views)
  • Charge Sheet and Final Report Explained (2,399 views)
  • Jinesh CR Vs Aswathy PR on 19 Nov 2025 (2,122 views)
  • Geddam Jhansi and Anr Vs State of Telangana and Anr on 07 Feb 2025 (2,080 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (1,975 views)
  • Neha Lal Vs Abhishek Kumar on 20 Jan 2026 (1,871 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (1,774 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (1,552 views)

Tags

Reportable Judgement or Order (433)2-Judge (Division) Bench Decision (411)Legal Procedure Explained - Interpretation of Statutes (381)Landmark Case (381)1-Judge Bench Decision (361)Catena of Landmark Judgments Referred/Cited to (293)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under 340 CrPC (66)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (61)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (43)HM Act 13 - Divorce Granted to Husband (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)Divorce granted on Cruelty ground (40)

Categories

Supreme Court of India Judgment or Order or Notification (752)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (327)High Court of Andhra Pradesh Judgment or Order or Notification (186)High Court of Delhi Judgment or Order or Notification (164)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (93)Legal Procedure (73)High Court of Madras Judgment or Order or Notification (70)High Court of Allahabad Judgment or Order or Notification (61)LLB Study Material (58)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (52)Assorted Court Judgments or Orders or Notifications (50)High Court of Kerala Judgment or Order or Notification (46)Prakasam DV Cases (46)Judicial Activism (for Public Benefit) (45)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (27)

Recent Comments

  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • KONURU VINAYKUMAR on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • ShadesOfKnife on Lifecycle Stages of a Section 498A IPC Case

Archives of SoK

  • June 2026 (2)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Cloudflare Storage Maintenance June 15, 2026
    THIS IS A SCHEDULED EVENT Jun 15, 12:00 - 13:00 UTC May 28, 22:16 UTC Scheduled - Cloudflare has scheduled maintenance for our backend storage systems. Services will continue to operate normally, but customers will be unable to create/delete/modify tunnels, routes, hostname routes, virtual networks, devices and tunnel configurations via the Dashboard or the public […]
  • Cloudflare Storage Maintenance June 4, 2026
    THIS IS A SCHEDULED EVENT Jun 4, 12:00 - 13:00 UTC May 21, 00:41 UTC Scheduled - Cloudflare has scheduled maintenance for our backend storage systems. Services will continue to operate normally, customers will be unable to modify configurations via the Dashboard or the public API for a period of up to 3 minutes. This […]
  • Audit Log Delays June 3, 2026
    Jun 3, 19:59 UTC Update - We are continuing to investigate this issue. Jun 3, 19:58 UTC Investigating - We are investigating an issue where Cloudflare Audit Log processing is running behind, causing a delay in timely delivery of audit data. These delays do not impact analytics for DNS or Rate Limiting.

RSS List of Spam Server IPs from Project Honeypot

  • 193.193.237.158 | SD June 3, 2026
    Event: Bad Event | Total: 1,352 | First: 2025-11-25 | Last: 2026-06-03
  • 158.94.211.154 | S June 3, 2026
    Event: Bad Event | Total: 987 | First: 2026-01-28 | Last: 2026-06-03
  • 45.164.196.232 | S June 3, 2026
    Event: Bad Event | Total: 5 | First: 2026-06-03 | Last: 2026-06-03
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 600 access attempts in the last 7 days.

pixel