Criminal Law – Murder – Conviction – Death Penalty – Appellant had resided with victims' family for four years and brutally murdered three children aged 8, 15 and 16 during the night using a sharp-edged weapon – Also inflicted grievous injuries on three adult family members – Motive was related to unpaid dues and perceived insult – Held: Eyewitness tes...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – Abuse of Process – Appellants sought quashing of criminal case alleging bigamy, dowry harassment, and conspiracy – Allegations vague and delayed – No specific role attributed to accused other than husband – High Court refused to quash, holding charges can be contested at framing stage – Held...
Criminal Law – Murder – Conviction Based on Voice Identification – PW8, grandfather of accused, deposed that he identified accused Dalbir Singh by his voice during night-time assault resulting in murder – Though no other assailant was identified or named, trial court and High Court accepted PW8’s testimony – Held: Voice identification by a person closely acquain...
NDPS Act – Conviction under Sections 17(c)/21(c) – Appeal Partly Allowed – Appellants convicted for possession of commercial quantity of Morphine and Opium – Trial Court imposed 20 years Rigorous Imprisonment and Rs. 2 lakhs fine – High Court finds total compliance of Sections 42(1), 42(2), 50, and 52A NDPS Act – No evidence of manipulation or procedural illegal...
Terrorism – Bail under UAPA – Section 43D(5) – Prima Facie True Test – Appeal Dismissed – Appellant charged with serious offences under IPC, Arms Act, Explosive Substances Act, and UAPA – NIA alleged active involvement in criminal conspiracy, recce, and recovery of arms – Held: Material collected by NIA indicates prima facie truth of allegations under UAPA...
Criminal Law – Quashing of FIR - Prevention of Corruption – Bribery Allegations – Complaint alleged offer of ₹2 crores and later ₹5 crores to MLA to abstain or vote in MLC elections – FIR registered belatedly on 31.05.2015 based on audio-video recordings of sting operation – Allegations against A4 vague and unconnected to subsequent alleged transaction – A4 ...
Criminal Law – Outraging Modesty – Discharge – Accused sent old and ugly undergarments of women via parcel to a female school principal with intent to insult her modesty – Accused sought discharge under Section 239 CrPC – Magistrate discharged them from Section 354 IPC but retained charges under Section 509 r/w 34 IPC and Sections 4 & 6 of Indecent Representation ...
Matrimonial Law – Maintenance – Minor Husband – Maintainability of Proceedings – Section 125 CrPC – No Bar to Proceedings Against Minor Husband – Husband’s minority at the time of filing of maintenance application under Section 125 CrPC cannot be a ground to hold the proceedings as non-maintainable – Chapter IX of CrPC is applicable independent of pr...
Criminal Procedure – Bail – Fraudulent Conduct and Suppression of Material Facts – Bail Set Aside – Accused obtained interim protection during anticipatory bail proceedings by giving undertakings to repay cheated amount (₹6.25 crores) but later reneged on promise – High Court rejected anticipatory bail observing that accused misled courts and complainant – Des...
Negotiable Instruments Act – Suspension of Sentence – Conditional Deposit – Appellate Court had suspended the sentence under Section 138 NI Act, subject to deposit of 20% of compensation – Petitioner challenged the condition citing financial hardship and failure to record reasons by the Appellate Court – Held: As per Supreme Court in Jamboo Bhandari and Muskan Enterpr...