Dowry Death – Conviction based on sole testimony – Deceased, married for 1½ years, died by consuming poison allegedly due to dowry harassment – Trial court convicted respondents under Sections 304B and 498A IPC relying solely on testimony of father (PW4) – High Court disbelieved PW4, noting contradictions and lack of support from other relatives (PW6, PW7) who denied...
Murder – Sudden Quarrel – Exception 4 to Section 300 IPC – Applicability – The incident arose out of a sudden quarrel without prior enmity – Both the trial court and High Court found that the occurrence was without premeditation and fell within Exception 4 to Section 300 – Conviction altered from Section 302 to Section 304 Part I IPC – Sentence reduced to ...
Criminal Law - Murder – Section 302/34 IPC – Common intention – Conviction partly upheld – Principal assailants identified by multiple eyewitnesses including injured witnesses – Court finds Moijuddin, Faijuddin and Latif restrained the deceased while Maynul delivered the fatal Ramdao blow on the nape of the neck – Held: Conviction under Section 302 read with Sec...
Criminal Law – Quashing of FIR - Prevention of Corruption – Repeal and Re-enactment – Saving of Notifications – Sections 30(2) PC Act, 1988 and Sections 6, 24 General Clauses Act – FIRs registered after 9.9.1988 were investigated by Inspectors of Police authorised under notifications issued under Section 5A(1) of the 1947 Act – High Court quashed proceedings hol...
Criminal Law – Duty of Appellate Court – Sections 325, 326, 34 IPC – Appeal Allowed; Remand Ordered – Appellants convicted under Sections 326, 325 read with Section 34 IPC – High Court dismissed their criminal appeal with a brief order stating that there was no error in trial court findings, without discussing prosecution or defence evidence – Held: In a crimina...
Criminal Law - Group Crime – Common Object – Sections 302/149 IPC – Partial Conviction Sustained – 12 accused were convicted for murder and attempt to murder arising out of a group assault – Upon close scrutiny of evidence, the Supreme Court upheld conviction of two accused (A-2 and A-3) who fired at the victims causing death and injuries – Held: Common object n...
Rape – Acquittal Reversed – Section 376 IPC – Conviction Restored – The accused were convicted by the trial court based on the credible testimony of the prosecutrix and corroborating medical and forensic evidence – High Court acquitted them on speculative and unsustainable grounds, disbelieving the prosecutrix without sufficient basis – Supreme Court held the ac...
Constitutional Law - Minority Rights – Scope of Article 30(1) – Clarification Sought – Eleven-Judge Bench Formulated Questions – The Full Bench was constituted to reconsider and clarify issues arising out of earlier rulings in St. Stephen’s College and Unni Krishnan cases – The Bench framed eleven comprehensive questions involving the definition of minorities, t...
Criminal Law – Reversal of Acquittal – Sections 302/149 IPC – Conviction Upheld – Trial court acquitted the accused invoking right of private defence under Section 100 IPC – High Court reversed the acquittal and convicted the accused after finding their claim of self-defence unsustainable – Supreme Court held the High Court rightly reappreciated the evidence and...
Criminal Law – Culpable Homicide Not Amounting to Murder – Conviction – Accused No. 2 to 6 convicted under Sections 147, 323/149, 342, 304(ii)/149 IPC – Trial Court sentenced them to various terms including 7 years RI under Section 304(ii)/149 IPC – High Court found that the prosecution proved the unlawful assembly and assault that led to the death of the victim Ram R...