Criminal Revision – Framing of Charges – Sections 498A and 306 IPC – Charges Quashed – Petitioner challenged trial court's order framing charges for cruelty and abetment of suicide – High Court held that allegations in dying declaration and witness statements were general in nature and lacked specific acts of cruelty or instigation – Petitioner and deceased ...
Anticipatory Bail – Section 13(2), Haryana Gauvansh Sanrakshan and Gausamvardhan Act - Section 11, Prevention of Cruelty to Animals Act - Cow Slaughter Allegations – Habitual Offender – Bail Denied – Petitioner sought anticipatory bail under Section 482 BNSS in connection with FIR alleging transport of cows for slaughter in contravention of Haryana Cow Protection laws &ndas...
Matrimonial Law – Maintenance - Section 24 HMA – Interim Maintenance to Spouse – Independent Income and Assets – Order to Wife Set Aside – Wife was a Director in a diagnostic company and had received substantial dividends in consecutive financial years; she also held valuable immovable properties – Held: Section 24 aims to ensure sustenance commensurate with the...
Criminal Law - Sentencing – Death Penalty vs. Life Imprisonment – “Rarest of Rare” Doctrine – Death Reference Declined – Triple murder of brother, sister-in-law, and nephew with injuries to three others – Motive rooted in intra-family monetary dispute; no features placing case among gravest of extreme culpability – Applying Bachan Singh and Machhi Si...
Quadruple Homicide – Sections 302, 302/34, 302/109 IPC & Section 27 Arms Act – Convictions Affirmed; Death Sentences Commuted – In a family land-dispute shooting, four persons (brother, sister-in-law, daughter, son-in-law) were killed – Trial Court awarded death to all three accused; High Court maintained convictions, commuted father’s sentence to life and affirme...
Criminal Law - Revision Against Acquittal – Section 401(3) CrPC – High Court Exceeded Jurisdiction – Trial Court acquitted appellants of charges under Sections 302 and 302/114 IPC – State appeal dismissed as barred by limitation – Informant’s revision allowed by High Court which set aside acquittal and ordered retrial – Held: Impermissible – Sub-sect...
Criminal Law – Reversal of Acquittal – Sections 302/149 IPC – Conviction Upheld – Trial court acquitted the accused invoking right of private defence under Section 100 IPC – High Court reversed the acquittal and convicted the accused after finding their claim of self-defence unsustainable – Supreme Court held the High Court rightly reappreciated the evidence and...
Constitutional Law - Minority Rights – Scope of Article 30(1) – Clarification Sought – Eleven-Judge Bench Formulated Questions – The Full Bench was constituted to reconsider and clarify issues arising out of earlier rulings in St. Stephen’s College and Unni Krishnan cases – The Bench framed eleven comprehensive questions involving the definition of minorities, t...
Rape – Acquittal Reversed – Section 376 IPC – Conviction Restored – The accused were convicted by the trial court based on the credible testimony of the prosecutrix and corroborating medical and forensic evidence – High Court acquitted them on speculative and unsustainable grounds, disbelieving the prosecutrix without sufficient basis – Supreme Court held the ac...
Criminal Law - Group Crime – Common Object – Sections 302/149 IPC – Partial Conviction Sustained – 12 accused were convicted for murder and attempt to murder arising out of a group assault – Upon close scrutiny of evidence, the Supreme Court upheld conviction of two accused (A-2 and A-3) who fired at the victims causing death and injuries – Held: Common object n...