Custodial Interrogation Not Required For Police Inspector Accused Only Of Illegal Confinement Prior To Victim's Death: Karnataka High Court Rescission Of Contract Without Hearing Is Illegal; Courts Cannot Interfere In Second Appeal If Findings Rest On Unrebutted Evidence: Gauhati High Court RTI Penalty Proceedings Are Between Commission and SPIO Alone — Complainant Has No Right To Be Heard: Kerala High Court Divorced Wife Entitled To Maintenance; Mere Earning Capacity Not A Bar: Orissa High Court Limitation Period Starts From Date Of Knowledge Of Document, Not From When Certified Copy Is Obtained: Madras High Court Mere Mass Transfer Of Officers By Election Commission Does Not Paralyse State Machinery: Calcutta High Court Dismisses PIL Right To Appeal Under Senior Citizens Act Belongs Exclusively To Parents, Children Cannot File Appeal: Orissa High Court Acquittal Cannot Survive When Overt Acts Are Clearly Proved: Madras High Court Convicts Two Accused in Village Clash Killing Wife Is Absolute Owner Of Streedhan, Taking It Away Does Not Attract Criminal Breach Of Trust Under Section 406 IPC: Allahabad High Court Government Need Not Adjudicate If Employee Is 'Workman' Before Referring Dispute To Labour Court: Gujarat High Court Bidder Cannot Be Disqualified For Submitting Certificate From Unspecified Agency If Tender Document Is Silent: Delhi High Court No Presumption Of Joint Family Property Merely Because Joint Hindu Family Exists: Andhra Pradesh High Court Driver Clicking Selfies With Licensed Firearm Doesn't Make Owner Liable Under Arms Act: Punjab & Haryana High Court Quashes FIR High Court Imposes Blanket Ban On Tree Felling In Haryana, Cites Impending Ecological Catastrophe Due To Dismal Forest Cover

"CRIMINAL LAW" Digest

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...

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...

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...

Criminal Law – Abetment of Suicide – Section 306 IPC – Husband convicted for abetting wife’s suicide and mother-in-law convicted under Section 498A IPC – Wife consumed poison at her parental home – Allegation only that husband told wife not to put sindoor of his name on her head – No other evidence of cruelty or instigation – Held: Mere utterance wit...

Criminal Law - Preventive Detention – Pre-execution challenge – Alka Subhash Gadia exceptions – Articles 226/32; COFEPOSA Sections 3 & 7 – Appellant sought quashing of detention order before execution citing delay and inaction, alleging order passed for a wrong purpose – Held: At pre-arrest stage, interference lies only in the five limited situations in Alka Subha...

Criminal Contempt of Court – Scandalising the Judiciary – News Report based on Speech – Gross Contempt Made Out – Rajendra Sail in a public rally termed the High Court judgment acquitting accused in Niyogi murder case as “rubbish,” alleged bias, corruption and lack of honesty of judges, and questioned assignment of cases to retiring judges – Held: Statemen...

Criminal Procedure – Warrant Case on Complaint – Framing of Charge – Applicability of Section 245(2) and 246(1) CrPC – Appellant, Director of Indian School of Mines, prosecuted for conspiracy to use forged document in judicial proceedings – Trial Court dismissed discharge application under Section 245(2) and framed charge without recording evidence – Held: In co...

Criminal Law – Common Object – Murder – Section 149 IPC – Appellants convicted for double murder arising out of long-standing family enmity – Deceased persons were attacked in two successive incidents by a group armed with deadly weapons – Trial court and High Court found all accused shared common object and participated in the crime – Held: Even in absenc...

Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 201 and 120-B IPC for the murder of a 10-year-old boy based on circumstantial evidence – Trial Court relied on testimonies of PW-2 (claimed to overhear a conspiracy), PW-3 and PW-4 (last seen witnesses) – High Court affirmed the conviction holding the chain of circumstances complet...

Criminal Law – Sentencing – Sections 307, 333 IPC – Undue Leniency by High Court – Order reducing sentence to period undergone set aside – Trial court convicted one accused under Sections 307 & 330 IPC and the other under Sections 307/34 & 333/34 IPC for assault on a constable with sharp weapon on a railway platform – High Court reduced sentence to about...