Criminal Procedure – Revision Petition by Private Complainant – The Supreme Court held that a private complainant can file a revision petition under certain circumstances, including when the trial court wrongly excludes evidence that the prosecution wishes to produce – Emphasized the importance of revisional jurisdiction in ensuring justice and correcting manifest illegality or p...
Criminal Law – Interim Stay of Investigation – The Supreme Court held that the High Court erred in granting an interim stay of investigation in the petitions seeking quashing of criminal complaints – Reiterated that such stays should be granted only in the rarest of rare cases and that the Investigating Officer's right to investigate should be respected – The High Court...
Negotiable Instruments – Interim Compensation – An accused’s failure to deposit interim compensation under Section 143A of the Negotiable Instruments Act does not justify depriving the accused of the right to cross-examine witnesses. Such a foreclosure exceeds the court's powers and is not supported by the statutory framework [Paras 1-88].
Section 143A – En...
Murder – Culpable Homicide – Exception 1 to Section 300 IPC – The act of provocation and resultant loss of self-control must be both sudden and grave. The appellant's actions, leading to the death of his brother, were found to be under sudden and grave provocation, fitting within the ambit of Exception 1 to Section 300 IPC, thereby converting the conviction from Section 302 t...
Vicarious Liability – Requirements under Section 141 of NI Act – The Supreme Court held that merely stating that directors are in charge of and responsible for the conduct of the business of the company does not fulfill the requirements of Section 141 of the NI Act. Specific averments detailing their role and responsibility are necessary [Paras 1-88].
Personal Appearance &...
Penal Code 1860 (IPC) - Section 306 - Abetment of suicide - An FIR under Section 306 of IPC cannot be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, caregivers, or anyone else - Heinous or serious crimes with a serious impact on society cannot be compromised - High Court's quashing of FIR based on settlement between accused ...
Corruption and Falsification of Accounts – Insufficient Evidence – Appellant, a public servant, was convicted for offences under Section 13(1)(d)(ii) read with Section 15 of the PC Act and Section 477A of IPC – Alleged manipulation of records and wrongful gain not supported by material evidence – Investigation revealed no criminal charges against the appellant – Convi...
Criminal Law – Common Intention – Section 34 IPC – Appellants Sanjay Puran Bagde and Rajratna @ Nandu Bagde were convicted for holding the deceased while co-accused Manoj Puran Bagde and Puran Sakharam Bagde assaulted the deceased with axes – High Court reversed the trial court's acquittal, finding common intention based on their participation and presence at the crime ...
Criminal Law – Reversal of Acquittal – Evidence Assessment – High Court reversed the acquittal of the appellants, convicting them under Section 302 read with Section 34 of IPC based on the testimony of an eyewitness (P.W.2) and the recovery of incriminating items – Supreme Court emphasized the importance of corroborating evidence and the credibility of witnesses, especially...
Criminal Trial – Scope of Evidence – Charge Framing – IPC Sections 302 and 304 Part II:
The Supreme Court ruled that the prosecution can lead evidence only according to the charge framed by the trial court. Once a lesser charge is framed, the prosecution cannot introduce evidence beyond that charge. In this case, the trial court discharged the accused from the offence under Se...