Criminal Law – Conviction and Sentencing – Appellant convicted for murdering his uncle by striking him with a wooden cot leg ('Bahi') – Incident followed a quarrel the previous day – Trial Court acquitted appellant due to inconsistencies in evidence and delay in FIR – High Court reversed acquittal, emphasizing credibility of eye witnesses and medical evidence ...
Constitutional Law – Double Jeopardy – Accused having undergone trial and acquitted of offences under Sections 504 and 506 IPC cannot be subjected to another trial for the same charges on the same facts – Re-trial would violate Article 20(2) of the Constitution and Section 300 CrPC [Para 24.2].
Criminal Procedure – Territorial Jurisdiction – Offence...
Criminal Law – Private Defense – Appellant, a BSF constable, fired at intruders in self-defense – Right of private defense extends to causing death if there is reasonable apprehension of danger to life – Incident occurred in a high-risk area near the Bangladesh border with history of smuggling and attacks on BSF personnel – Court held that actions were in exercise of ...
Criminal Law - Regular Bail - Non-compliance with NDPS Act Procedures - Criminal Miscellaneous Petition seeking regular bail under Section 439 of Cr.P.C. - Allegation of possession and sale of 20,000 intoxicating tablets of Tramadol Hydrochloride - Petitioner argues non-compliance with Section 42 of the NDPS Act - Held, total non-compliance with Section 42 is impermissible; delayed compliance acce...
Criminal Procedure – Non-Bailable Warrants – Proclamation of Offender – Petition to quash warrants and proclamation – Criminal Appeal against order declaring petitioner as proclaimed offender – Held, Petitioner, despite being aware of the proceedings and warrants, failed to appear before the trial court – Justification provided for issuance of non-bailable warra...
Custody of Child – Welfare of Minor – The paternal grandparents sought custody of their minor grandson, whose parents passed away during the Covid-19 pandemic – High Court had handed over custody to the maternal aunt – Supreme Court reversed this decision, emphasizing the emotional and loving care provided by paternal grandparents – Grandparents' ability to provid...
Criminal Law – Sole Witness Testimony – The conviction of the appellants was based on the sole testimony of Amol Singh (P.W.6) – Supreme Court held that when a witness is "wholly reliable," conviction or acquittal can be based on such testimony – Conversely, if a witness is "wholly unreliable," neither conviction nor acquittal can be based on their testi...
Criminal Law – Multiple Dying Declarations – The appellant was convicted for the murder of his wife based on her dying declarations – The Supreme Court noted that while dying declarations hold significant evidentiary value, their reliability must be scrutinized, especially when there are inconsistencies – Court found substantial procedural lapses in recording the dying decl...
Criminal Law – Murder Conviction – The Supreme Court acquitted the appellant, finding that the conviction based solely on the "Last seen together" theory and the extra judicial confession of a co-accused was insufficient. The Court emphasized that the time gap between the accused last being seen with the deceased and the discovery of the deceased's body was too large to c...
Bail Cancellation – High Court's Error – The Supreme Court canceled the bail granted to the second respondent, noting that the High Court failed to consider crucial aspects such as the pending examination of important witnesses and the risk of witness tampering. The Court emphasized the nature and gravity of the offense and the role attributed to the second respondent [Paras 10-11]...