Criminal Law - Common Object - Group Armed with Weapons - Appeals against conviction under Sections 148, 307, 307/149, 323, 323/149, 324, and 324/149 IPC - Group armed with weapons causing injuries - Medical evidence supported multiple injuries - Common object inferred from prior assembly and armed presence - Conviction upheld, but some appellants given benefit of the doubt due to lack of specific...
Criminal Procedure - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Amendment and Cognizance - Petition against the summoning order issued by Chief Judicial Magistrate under Section 3(1)(x) of the Act - Held, the amendment to the Act effective from 26.01.2016 confers additional powers to the Special Court to take cognizance directly - Pre-amendment provisions applicable to ...
Criminal Law - Conviction and Sentencing - Identification Parade - Appeal against conviction under Section 302 IPC - Appellants argued lack of identification parade vitiated the trial - Held, identification in court by eyewitnesses, supported by corroborative evidence (weapon recovery, post-mortem report, FSL report) sufficient - No need for separate identification parade - Appeal dismissed. [Para...
Criminal Procedure - Transfer of Case - Convenience of Wife – Held, it is well settled that the convenience of the wife is paramount in considering the transfer of cases. The petitioner, having no independent source of income and a minor school-going daughter, faces difficulty in attending court proceedings at Ropar, 80 km from Ludhiana. The petition is allowed, and the criminal complaint is...
Criminal Procedure - Cancellation of Bail - Fraudulent Compromise - Petition challenging cancellation of bail granted on compromise terms - Held, bail granted based on false assurances and non-fulfillment of compromise terms amounts to fraud - Cancellation of bail justified - Petition dismissed. [Paras 12-14]
Bail Conditions and Fraudulent Conduct - Analysis - Held, failure to comply ...
Criminal Law – Murder and Common Intention – Acquittal of first respondent under Section 302 IPC set aside – Evidence established common intention among co-perpetrators – Gurbachan Singh inflicted injuries with a 'lathi', participated in the attack leading to the death of Teja Singh – Supreme Court convicted Gurbachan Singh under Section 302 read with Section ...
Criminal Law - Right of Private Defence - Indian Penal Code, 1860 - Section 100 - Right of private defence of the body extending to causing death - Appellant’s claim of using his double barrel gun in self-defence rejected due to lack of injury on appellant and evidence that deceased were on complainant’s land - Court held appellant to be the aggressor - Appellant’s theory conside...
Juvenile Justice - Bail - Section 12 of the Juvenile Justice Act, 2015 - Revision petition against the denial of bail to juvenile under Section 12 - Held, bail is the rule and can only be denied under exceptions mentioned in Section 12 - No evidence of petitioner coming into association with criminals, or being exposed to moral, physical, or psychological danger - Petitioner a meritorious student ...
National Investigation Agency Act - Bail Application - Appeal under Section 21 - Appellant not named in FIR but arrayed later - Prima facie case not established - Held, appellant entitled to bail - Clean antecedents and prolonged trial duration considered - Special Judge's decision reversed - Bail granted with conditions. [Paras 14-16]
Prima Facie Case and Statutory Restrictions -...
Criminal Law – Additional Evidence in Appeal – High Court allowed the accused to present additional evidence regarding his mental condition at the time of the incident – Supreme Court set aside the High Court's order – Mental condition and capacity to face trial were already examined and affirmed by this Court – Additional evidence not warranted without a hearing ...