Murder—Unlawful Assembly—Sections 302/149 & 148 IPC—Conviction sustained – Group arrived together armed, surrounded the deceased, prevented rescue, and departed together in a jeep kept in starting position—Common object inferred from conduct, weapons, and coordinated action—Section 149 rightly applied [Paras 11-12, 17-18].
Section 149 IPC—Constructi...
Article 136 – Scope of Interference with Concurrent Findings – Principles Reiterated – The Court restated that while powers under Article 136 are wide, interference with concurrent findings in criminal matters occurs only in exceptional circumstances where findings are perverse, improperly reached, or shock the conscience – Applied the settled tests and found the appreciati...
Criminal Law - Section 302, 120B, 294, 307, 323, 34, 341, 353, 370, 380, 394, 397, 457, 506B of the IPC - Murder of Trade Union Leader – Circumstantial Evidence Against Industrialists Inadequate – Acquittal Upheld – Deceased, a labour rights leader, was allegedly murdered by conspiracy among local industrialists and hired killers – Trial court convicted A-1 to A-5 and A-9 b...
Section 376 of the Indian Penal Code - Rape by Father – Sole Testimony of Prosecutrix – Conviction Restored – Accused charged with raping his minor daughter at night after bolting the room – Trial Court convicted based on testimony of prosecutrix and supporting evidence – High Court acquitted relying on absence of medical corroboration and spermatozoa – Held: Hi...
Criminal Law - Murder by Poison – Circumstantial Evidence – Chain of Evidence Complete – Appellant, a medical practitioner, was convicted for administering lethal injection of Pavilion to wipe out entire family of his in-laws with intent to grab their property – Circumstantial evidence included purchase of Pavilion, presence at scene, false representation of AIDS, and medic...
Criminal Liability – Common Intention – Section 34 IPC – Applicability Justified – The appellants were convicted under Sections 323, 325, and 326 read with Section 34 IPC for inflicting injuries resulting in the death of the deceased – The Supreme Court upheld the application of Section 34, holding that common intention can be inferred from the facts and surrounding c...
Quashing of FIR – Section 482 CrPC – Domestic Cruelty and Dowry Allegations – Quashing set aside – FIR alleged beatings, abuses, tearing clothes and demand of ₹5 lakhs – High Court quashed FIR as vague and non-cognizable relying on statements in divorce proceedings – Held: At pre-investigation stage, such evaluation is premature and outside Section 482 limits ...
NDPS – Section 50 – Search of bag carried on head – Not a personal search – Conviction Restored – Accused intercepted carrying a bag which contained opium; trial court convicted under Sections 8/18 NDPS; High Court acquitted for alleged partial option under Section 50 – Held: Search of bag/container is not a personal search, Section 50 not attracted – High...
Prevention of Corruption Act – Sanction – Cognizance without valid sanction is a nullity – Fresh trial maintainable – Trials conducted without a valid sanction under Section 19 PC Act are without jurisdiction; an order of “acquittal/discharge” in such proceedings is a nullity and does not attract the bar under Section 300(1) CrPC – A proper sanction being ...
NDPS Act – Commercial Quantity – Section 21(c) – Conviction Confirmed – The appellant was found in possession of 920 grams of black liquid containing 2.8% morphine – Held: Substance qualifies as “opium derivative” and therefore a “manufactured drug” under Section 2 – Quantity exceeded 250 grams, the threshold for “commercial quantit...