Criminal Law – Common Intention – Section 34 IPC – Constructive Liability – Appellants accused of dragging deceased from station platform to Peepal tree where co-accused fired fatal shots – Eyewitnesses (PWs 1, 3, and 4) consistently deposed that accused were armed and acted jointly in furtherance of shared plan – Held: Active participation in commission of offe...
Criminal Procedure – Cognizance by Magistrate – Section 190(1)(b) CrPC – Magistrate competent to take cognizance of offence even if police in final report exonerates accused – Magistrate not bound by conclusions of investigating agency – Magistrate applied independent judicial mind and took cognizance against petitioner – Held: Magistrate acted within jurisdicti...
Criminal Law – Mass Murder – Death Sentence – Premeditated and brutal act resulting in five deaths and severe injuries to one survivor – Accused set house ablaze with petrol while victims were having dinner and closed door to prevent escape – Balwant Singh, who managed to flee the burning room, was almost beheaded with sword – Held: Rarest of rare case justifyin...
Negotiable Instruments Act – Section 148 – Deposit of Minimum 20% Compensation – Discretion of Appellate Court – Applicants challenged order of First Appellate Court directing deposit of 20% of cheque amount while granting suspension of sentence under Section 389 Cr.P.C. – Contention: requirement not mandatory and could not be imposed after suspension of sentence &nda...
Criminal Law – Foreigners Act – Sentence Modification – Section 14 – Conviction Upheld – Sentence Reduced – Appellant convicted under Section 14 of the Foreigners Act, 1946 for rendering assistance to a Pakistani national accused of illegal stay – Trial Court sentenced him to two years’ rigorous imprisonment with fine – Appellant did not challe...
Criminal Law – Crowd Crush Incident – CBI Investigation Ordered – 41 people died and over 100 injured in stampede during political rally held by Tamilaga Vettri Kazhagam (TVK) on 27.09.2025 – FIR No. 855/2025 registered under BNS and TNPP Act – Conflicting High Court orders on formation of SIT and refusal of CBI probe led to multiplicity of proceedings – Supreme...
Criminal Law – Quashing of Proceedings – Scope of Interference under Section 482 CrPC – High Court’s “Mini Trial” Deprecated – High Court quashed complaint alleging fabrication of caste certificate by holding that accused acted out of “legal illiteracy” and no criminality was made out – Supreme Court held such findings conjectural and imp...
Criminal Law – Murder and Dowry Death – Circumstantial Evidence – False Defence – Conviction Restored – Deceased Pushpa found dead inside matrimonial home – Accused (father-in-law) lodged false report alleging electrocution – Medical evidence proved death by strangulation; burn injuries were post-mortem – Supreme Court held that the High Court erred ...
Criminal Law – Kidnapping and Rape of Minor – POCSO – SC/ST Act s.3(2)(v) – Conviction Upheld – Victim’s testimony held trustworthy and consistent with statement under Section 164 CrPC – Her version that accused took her to forest and forcibly committed intercourse found reliable – Minor contradictions and omissions immaterial – Age proved thro...
Criminal Law – Kidnapping – Rape – Unnatural Offences – Conviction Restored – Appellant took 15-year-old minor to another city and subjected her to forcible sexual and anal intercourse – Trial Court acquitted appellant – High Court reversed acquittal and convicted under Sections 363, 366, 376, and 377 IPC – Held: As victim was a minor, her consent is...