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...
Murder – Circumstantial Evidence – Acquittal Ordered – Prosecution case rested on circumstantial evidence of accused hiring taxi, staying at hotel, recovery of ornaments, and letter allegedly written by accused – Hotel waiter, the sole direct witness, not examined – Register entries not legally proved – Recovery of common ornaments not connected to deceased &nda...
Criminal Law - Criminal Conspiracy – Circumstantial Proof – IPC Ss.120-A, 120-B – Agreement sufficient – Conspiracy can be inferred from conduct and surrounding circumstances – Secrecy and routing of MUL funds through BRs and pay orders while masking them as MUL-UCO transactions established concert between A-1, A-3 and A-5 – Held: conspiracy proved, though A-2 n...
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...
Criminal Law – Explosives – TADA – Police constable found in possession of explosives (detonators, timers, splinters, tools etc.) from quarter allotted to father-in-law but occupied by appellant – Conviction under Sections 3, 4 Explosive Substances Act and Sections 3, 5 TADA upheld – Evidence of police officers sufficient and trustworthy – No rule that absence o...
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...
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...
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...