Criminal Law - Murder – Conviction under Section 302/34 IPC – Reversal – Trial Court convicted appellants for double murder based on testimony of a single eyewitness (PW-1 Nanmoon) – High Court held testimony unreliable due to contradictions on weapons, manner of assault, FIR lodging, and recovery – Implausibility of sparing sole eyewitness while killing two oth...
Criminal Revision – Revisional Jurisdiction – Sections 397 & 401 CrPC – Scope of interference is extremely limited – Revisional Court cannot act as appellate forum or reappreciate evidence – Interference only if order of trial court is grossly erroneous, perverse, or without material – Framing of charge is an interlocutory/intermediate order not to be quashe...
Murder – Section 302/149 IPC – Eyewitness Testimony and Medical Evidence – Benefit of Doubt – Prosecution alleged deceased Charan Singh was shot dead while ploughing a field; FIR lodged promptly—Trial Court convicted appellants—On appeal, contradictions noted: direction of gunshot injuries inconsistent with claim that deceased was seated on tractor, unexpl...
Bail – Modification of Conditions – Maintainability – Section 528 BNSS – Petition challenging onerous bail conditions restricting foreign travel and requiring deposit of passport – Respondents argued modification impermissible once bail granted – Held: Bail order interlocutory; conditions not final judgment; Court retains inherent jurisdiction under Section 528 ...
Criminal Law – Murder Conviction – Delay in Death – Appellant along with three co-accused dragged the deceased to the terrace, flung him down, and assaulted him with sticks and fists – Victim survived for about nine months before dying of septicemia, pneumonia, and paraplegia caused by spinal cord injury – Trial Court convicted under Section 302 IPC – High Court...
Criminal Procedure – Joint vs. Separate Trial – Sections 218–223 Cr.P.C. – Segregation of MLA’s trial quashed – The trial court, affirmed by the High Court, ordered a separate charge-sheet and segregated trial for the appellant (a sitting MLA) to facilitate “day-to-day” hearing relying on Ashwini Kumar Upadhyay – Held: Segregation solely due to...
Anticipatory Bail – Delay in FIR – Allegations of Mutation on Forged Documents – FIR lodged in 2019 regarding mutation entries based on sale deed dated 18.05.1996 executed on forged powers of attorney in names of deceased landowners – Appellants (A5 and A6), Circle Officer and Talathi at the time, certified mutation entries Nos. 15177 and 15180 in 1996, which were later can...
Anticipatory Bail – Long-Term Consensual Relationship – Prima Facie No Rape Made Out – Bail Granted – The petitioner sought anticipatory bail in connection with FIR under Section 376 IPC – The prosecutrix, a well-educated consultant residing abroad, alleged rape based on false promise of marriage after a prolonged relationship lasting over four years – She alleg...
Quashing Of Criminal Proceedings - Section 528 BNSS - Disproportionate Assets – Prevention of Corruption Act – Exoneration in Departmental Inquiry – Quashment Refused – Applicant, Assistant Manager, Greater NOIDA, accused of expenditure 137.80% above known income – Claimed departmental exoneration and quashing of censure – Held: Departmental findings based on pr...
Criminal Revision Against Rejection Of Discharge Plea - Loan Fraud – Advocate’s Attestation of False Declaration – Prima Facie Conspiracy Established – Revision Dismissed – Accused lawyer (A8) attested affidavit declaring impersonator (A5) as personally known to him, enabling fraudulent sanction of ₹44 lakh loan – Held: Unlike erroneous legal opinion (as in CB...