Criminal Law – Bail – Serious Offences – The accused, named in the FIR, were involved in a land dispute with the informant – They attacked the informant's family, resulting in the death of the informant's brother and serious injuries to others – The High Court granted bail without considering the seriousness and gravity of the offences and without providing co...
Criminal Law – Discharge Application – Appellant challenged the dismissal of his application for discharge under Section 227 of the Cr.P.C. – Alleged possession of disproportionate assets during his tenure at BSFC and ONGC – Initial investigation found allegations false but FIR registered 12 years later – Charge sheet filed seven years after FIR registration – A...
Criminal Law – Murder of Father – Appellant convicted under Section 302 IPC for patricide committed under the influence of alcohol – Appellant inflicted multiple fatal injuries on the deceased using a wooden piece – Appellant claimed the act was unintentional and due to intoxication – Supreme Court rejected plea for reduction to Section 304 Part-I, upholding convictio...
Criminal Law – Cancellation of Bail – Grounds for cancellation of bail for the co-accused were identical to those for the present respondents – Supreme Court held that once bail for the co-accused was cancelled, bail for the present respondents also required cancellation – High Court failed to consider the gravity of the offence and eyewitness identification in its bail ord...
Criminal Law – Application under Section 319 Cr.P.C. – Summoning Additional Accused – The petitioner challenged the order of the Additional Sessions Judge dismissing the application to summon respondent Nos. 2 to 7 as additional accused. Held, the trial court erred in not appreciating the intent of Section 319 Cr.P.C., which mandates proceeding against persons appearing to have c...
Criminal Procedure – Quashing of Proceedings – Appellant challenged High Court's quashing of criminal proceedings based on a settlement between parties in a corruption case – Supreme Court emphasized the seriousness of corruption cases, stating that they cannot be quashed based merely on settlements, as corruption impacts the State and society at large – High Court'...
Criminal Law – Murder Conviction – Appellants convicted for the murder of an aged couple during a robbery – Trial court imposed death sentence – High Court reduced it to life imprisonment – Supreme Court analyzed the brutality and premeditated nature of the crime, considering societal impact and trust betrayal [Paras 1-12].
Sentence – Death Penalty ...
Criminal Law – Murder Conviction – Appeal – In absence of concrete evidence, conviction is unsustainable – Appellants were convicted for the murder of Rupak Kumar Gogoi, Managing Director of the company where they were employed – Prosecution relied on eyewitness testimonies which did not conclusively prove that the appellants caused any injury or instigated the labore...
Criminal Law - Quashing of FIR - Settlement Between Parties - FIR under Section 174-A IPC quashed after settlement in complaint under Section 138 of the Negotiable Instruments Act - Continuation of prosecution not justified - FIR and all consequential proceedings quashed subject to cost payment. [Para 10]
Section 138 NI Act - Withdrawal of Complaint - Impact on FIR under Section 174-A...
Criminal Law – Discharge of Accused – High Court discharged respondents accused of possessing assets disproportionate to their known sources of income under Section 13(1)(e) of the Prevention of Corruption Act – Supreme Court found High Court erred in applying legal principles, particularly in the burden of proof and scope of inquiry at the stage of framing charges – Held, ...