Criminal Law – Murder Conviction – Conversion to Culpable Homicide – Appeal partially allowed – Common Intention – Incident arose from a sudden altercation over crop damage caused by accused’s cattle – Appellants along with others armed with lathis and one (Sukh Ram) with a “kanta” assaulted deceased Shyam Lal – Trial court convicted all ...
NDPS Act – Bail – Commercial Quantity Not Involved – Bail Granted - Applicant Palwinder Kaur was arrested based on alleged monetary transactions linked to narcotics trafficking network – Court noted that the contraband recovered did not qualify as “commercial quantity” – Held: Rigors of Section 37 of NDPS Act not attracted – Bail granted with conditi...
Criminal Law - Anticipatory Bail – Section 108, 316(3), 318(4), and Section 69 of the BNS - Abetment of Suicide – Prima Facie Evidence of Instigation – Bail Denied – Petitioner, an officer of the Intelligence Bureau, was in a prolonged relationship with the deceased and is alleged to have emotionally manipulated, financially exploited, and instigated her suicide – Inv...
Criminal Law - Quashing of Criminal Proceedings – Sections 376, 376(2)(n), 377, 504, 506 of the Indian Penal Code, 1860 (IPC) - Allegation of Rape on False Promise of Marriage – Consent and Misuse of Legal Process – Proceedings Quashed – The appellant was accused of rape and unnatural sex on false promise of marriage. FIR was lodged after a prolonged consensual relationship...
Criminal Law – Murder - Section 302 IPC - Circumstantial Evidence – Mere Presence at Scene – Conviction Set Aside – Appellant convicted for murder under Section 302 IPC based on testimony that he was seen near canal shortly before deceased disappeared – Held: Mere presence near place of incident does not establish guilt – No eyewitness account or any act connect...
Section 138 of the Negotiable Instruments Act – Dishonour of Cheques – Failure to Prove Debt – Acquittal Upheld - The complainant alleged a friendly loan of ₹8.5 lakhs was given and cheques were dishonoured – Respondent admitted signature on cheques but claimed they were issued in a different context – Court held that complainant failed to establish existence of leg...
Facie Case Under Section 289 IPC – Quashing Denied – Complaint alleged attack by 10–12 unchained pet dogs resulting in injury to complainant – Petitioner disputed ownership and claimed possession of only one dog – Court held that allegations indicated potential negligent omission attracting Section 289 IPC – Charge-sheet based on witness statements including Nit...
Criminal Law - Custodial Death – Sections 302, 302/149, 147, 148, and 120-B of the – Appeal Against Acquittal - Eyewitness Credibility – Acquittal Upheld – The prosecution alleged that the accused, including a police constable, were involved in the murder of an undertrial prisoner after taking him out of judicial custody – The two eyewitnesses presented by the prosecu...
Criminal Law – Legality of Arrest – Habeas Corpus – Grounds of Arrest Provided – Appeal Dismissed - Appellant challenged arrest of his son as illegal under Article 22(1) and Section 47 of BNSS – Alleged non-disclosure of meaningful grounds of arrest and absence of sanction under Section 17A of PC Act – Supreme Court held: Grounds of arrest were communicated in s...
Criminal Law – Supplementary Evidence – Production of CDs at Trial – Permissible Omission – Upheld – CDs seized before filing of original chargesheet but not produced due to inadvertence – Supplementary chargesheet filed with forensic report but without CDs – Supreme Court held omission not fatal – CDs could be produced later with court’s...