Criminal Law – Communal Riot – Murder of Police Officers – Conviction Upheld – Two accused convicted for the murder of a Deputy Commissioner of Police and his security guard during a 1984 communal riot – Appellant Nasim identified by eyewitness as striking the deceased with an iron rod – Appellant Lokeman Shah convicted solely on a confession made to a Magistrat...
Bail – Delay in Hearing of Appeal – Right to Speedy Justice – Article 21 – Bail Granted – Appellant convicted of murder and sentenced to life imprisonment – Her appeal filed in 1997 remained pending in the Madhya Pradesh High Court without being listed – Registrar's report revealed that only appeals of 1989-1990 were being heard – Held: Right to ...
Criminal Law – Murder Conviction – Confession under Section 164 CrPC – Partial Acquittal – The appellants were charged for the brutal murder of a serving army personnel by his wife and her accomplices – The trial court convicted A1 (wife) and A2, acquitting A3 and A4 – The High Court confirmed A1 and A2’s conviction and reversed the acquittal of A3 and A4 ...
Criminal Law - Appeal Against Acquittal – Principles of Double Presumption – Acquittal Upheld – The State filed an appeal against the acquittal of two accused charged under Sections 394/397/34/411 IPC for assaulting and robbing the complainant – The Trial Court acquitted the accused citing inconsistencies in identification, non-sealing of recovered items, and contradictory ...
Criminal Law – Conviction under Section 304-A IPC – Sentence Modified – Appellant convicted for causing death by rash and negligent driving and sentenced to two years’ rigorous imprisonment – Appellant did not contest conviction but sought benefit of probation due to mitigating circumstances – Held: Trial Court rightly appreciated evidence for conviction &...
Criminal Law – Conviction Upheld – Sentence Modified – Probation Granted – Petitioner convicted under Sections 279, 304-A, and 337 IPC for causing death and injuries by rash and negligent driving – Sentenced to imprisonment and fine by Trial Court; conviction upheld by Appellate Court – In revision, petitioner restricted challenge to quantum of sentence – ...
Criminal Law - Maintainability of Second Petition – Abuse of Process – Section 482 CrPC – Petition Dismissed - The petitioner, having earlier challenged his arrest and failed, filed a second petition under Section 482 CrPC seeking quashing of the entire proceedings on similar grounds – Held: Filing successive petitions under Section 482 on same or similar grounds without ch...
Criminal Revision – Conviction for Negligent Driving – Revision Dismissed – The petitioner was convicted under Sections 279, 304-A IPC and Section 187 MV Act for rash driving that caused the death of a 4-year-old girl – His conviction and sentence were upheld by the Appellate Court – Held: In revision, re-appreciation of evidence is impermissible unless there is gross...
Criminal Law - Delay in Pronouncement of Judgments – Article 21 of the Constitution – Fundamental Right Violated - Inordinate delay of over two years in pronouncement of judgment after conclusion of arguments by the Patna High Court – Held: Delay violates the right to life and liberty under Article 21 – Supreme Court issued mandatory procedural guidelines for High Courts to...
Criminal Law - Murder – Common Intention – Section 302 read with Section 34 IPC – Conviction Upheld – Deceased Ram Chandra was attacked with sharp-edged weapons by the appellant and co-accused in broad daylight – The act followed an earlier murder case in which the deceased was assisting the accused's opponents – Held: Common intention to kill was proved thr...