Criminal Law - Murder – Common Intention – Section 302 read with Section 34 IPC – Conviction Upheld – Deceased Ram Chandra was attacked with sharp-edged weapons by the appellant and co-accused in broad daylight – The act followed an earlier murder case in which the deceased was assisting the accused's opponents – Held: Common intention to kill was proved thr...
Criminal Law - Sanction for Prosecution – Section 197 CrPC – Reasonable Connection Test – Prosecution Against Public Servant Without Sanction Permitted – Appellant, a former Secretary in the Government of Sikkim, challenged prosecution under IPC and Prevention of Corruption Act for acts related to award of contracts – Held: At this stage, the prosecution can proceed w...
Criminal Law - Appeal Against Acquittal – Principles of Double Presumption – Acquittal Upheld – The State filed an appeal against the acquittal of two accused charged under Sections 394/397/34/411 IPC for assaulting and robbing the complainant – The Trial Court acquitted the accused citing inconsistencies in identification, non-sealing of recovered items, and contradictory ...
Criminal Law – Conviction under Section 304-A IPC – Sentence Modified – Appellant convicted for causing death by rash and negligent driving and sentenced to two years’ rigorous imprisonment – Appellant did not contest conviction but sought benefit of probation due to mitigating circumstances – Held: Trial Court rightly appreciated evidence for conviction &...
Criminal Law – Conviction Upheld – Sentence Modified – Probation Granted – Petitioner convicted under Sections 279, 304-A, and 337 IPC for causing death and injuries by rash and negligent driving – Sentenced to imprisonment and fine by Trial Court; conviction upheld by Appellate Court – In revision, petitioner restricted challenge to quantum of sentence – ...
Criminal Law - Maintainability of Second Petition – Abuse of Process – Section 482 CrPC – Petition Dismissed - The petitioner, having earlier challenged his arrest and failed, filed a second petition under Section 482 CrPC seeking quashing of the entire proceedings on similar grounds – Held: Filing successive petitions under Section 482 on same or similar grounds without ch...
Criminal Law - Murder – Concurrent Findings – Appeal Dismissed – Appellants challenged their conviction for murder on multiple grounds including plea of alibi, discrepancies in inquest and post-mortem reports, and delay in FIR – Supreme Court held that concurrent findings of fact by lower courts would not be interfered with unless perverse or in violation of legal pri...
Murder – Reversal of Acquittal – Confession Valid and Corroborated – Appeal Allowed – Accused was acquitted by High Court in double murder case of a film actress and her mother – Supreme Court held that the judicial confession of the accused was voluntary and truthful – Corroborated by recovery of stolen articles and unexplained presence of fingerprints inside t...
Criminal Law - Murder – Absence of Corpus Delicti – Conviction Sustained – Even in the absence of recovery of the dead body, conviction under Section 302 IPC was sustained – Eye-witnesses PW 3 (mother) and PW 4 (sister) gave direct and credible evidence of fatal assault by Appellant No. 9 – Circumstantial and direct evidence led to inescapable conclusion of deat...
Family Law - Maintenance – Enhancement under Section 127 Cr.P.C. – Increase Allowed – Revision Allowed – Petitioner sought enhancement of ₹10,000/month maintenance fixed in 2012 to ₹30,000/month citing increase in cost of living, medical needs, and respondent’s pension – Family Court had rejected plea stating no substantial change in circumstances – Hi...