Criminal Law – Murder and Attempt to Murder – Right of Private Defence – Sections 302, 304 Part I, 307, 34 IPC – Conviction Modified – Trial Court acquitted A-2 (son) and convicted A-1 (father) under Section 304 Part I IPC for exceeding right of private defence – High Court reversed and convicted both under Section 302 IPC – Held: Trial Court’s findi...
Criminal Law – Bail – Abetment of Suicide – Charge-sheet filed under Section 306 IPC after initial FIR for murder – Allegations based on last-seen theory and post-mortem injuries – Doctor’s opinion ruled out strangulation – Court held that cause of death was drowning and injuries were simple and ante-mortem – Bail granted considering petitioner&rsquo...
Criminal Law – Section 482 CrPC – Quashing of FIR & criminal proceedings – High Court’s powers are not limited by bar under Section 320 CrPC – Where matrimonial disputes are settled amicably, FIR or complaint under Sections 498A/406 IPC can be quashed to secure ends of justice – Hyper-technical view would defeat purpose of law meant to protect women [Paras 2...
Bail – BNSS Ss. 480 & 483 – Grant of Bail with Stringent Conditions – Petition Allowed – Accused allegedly conspired with co-accused to steal phones, debit card, confine complainant, attempt strangulation, and extort money; already faced multiple arrests in connected crimes in 2024–25 – Held: Considering detention of 67 days, completion of major investigatio...
Maintenance – Proof of Marriage – Decree Reversed – Plaintiff filed suit for maintenance claiming to be legally wedded wife of defendant – Defendant denied marriage altogether – Trial Court relied solely on oral testimony of P.W.3 (defendant’s brother-in-law) and decreed maintenance – Appellate Court found no documentary proof of marriage, no evidence of c...
NDPS Act – Second Bail Application – Commercial Quantity – Allegation of conscious possession – 151.6 kg of ganja recovered from intercepted DCM truck – Applicant apprehended on spot along with driver – Held: Once contraband is recovered from vehicle and accused was present therein, presumption of conscious possession applies – Burden on accused under Sect...
Criminal Law – Economic Offences – Anticipatory Bail – Alleged Ponzi Scheme – Sections 406, 409, 420 IPC and MPID Act – Applicant accused of being part of financial fraud involving over ₹1.13 crore collected through investment scheme – Co-accused (husband and wife, main operators of company) already granted anticipatory bail – Entire amount deposited bef...
Criminal Law – Murder – Section 302 read with Section 34 IPC – Conviction upheld – Eyewitness Rajesh (PW5) testified that Sunil caught hold of the deceased while co-accused Dharamvir inflicted knife blows – Testimony clear, cogent and trustworthy – Minor omissions or elaborations in deposition do not discredit prosecution case – Section 34 IPC attracted &n...
Criminal Law - Murder – Circumstantial Evidence – Murder and Robbery – Sections 302, 392 r/w 397 IPC – Conviction and death sentence upheld – Prosecution relied on motive, recovery of jewellery, cash, fingerprints, and presence near crime scene – Recovery of ornaments at appellant’s instance and pledge of stolen jewellery shortly after incident established...
Criminal Law - Murder – Ocular Testimony vs. Medical Evidence – Appeals Dismissed – Sessions Judge acquitted accused of strangulating deceased; High Court reversed and convicted under Section 302/34 IPC – Supreme Court upheld conviction – Eyewitness testimony of police constables on patrol duty fully corroborated by medical and documentary evidence – No inconsis...