Criminal Law – Bail – Suppression of Material Facts – Article 21 Constitution of India – Sections 379-B(2), 34 IPC – Section 439 Cr.P.C. – Bail application before Sessions Court during pendency in High Court – Suppression of material facts regarding pending bail application – Held: Suppression not material for determination of bail, right to liberty ...
Criminal Law – Bail – Respondent no. 2 accused under Section 302 IPC – Bail application twice rejected by Trial Court, subsequently granted by High Court – Appellant contends long-standing rivalry, immediate pre-incident scuffle, and fatal attack orchestrated by respondent no. 2 and his son – High Court's order granting bail lacked cogent reasons and disregarded s...
Criminal Law – Common Intention – High Court acquitted respondents (Accused No.1 and 3) citing discrepancies between ocular and medical evidence – Supreme Court found no material contradictions – Presence and participation of all accused established, and common intention to kill the deceased proved – High Court erred in reversing Trial Court's conviction based on ...
Criminal Procedure – Bond for Good Behavior – Appellant found guilty of violating bond conditions executed under Sections 110 and 117 Cr.P.C. – Involved in a subsequent murder case – Violation led to punishment under Section 122(1)(b) Cr.P.C. – High Court affirmed order of arrest and custody – Appellant challenged procedural compliance and fairness of administra...
Criminal Law – Conviction for Murder – Accused Nos. 1 to 3 convicted by trial court under Sections 148 and 302 IPC, sentenced to life imprisonment – High Court acquitted Accused Nos. 1 to 3 and confirmed the acquittal of Accused Nos. 4 to 11 – Supreme Court re-examined the evidence and testimonies of eye-witnesses and injured witnesses, found High Court erred in acquitting ...
Criminal Law – Dishonour of Cheque – Appellant convicted under Section 138 of the N.I. Act – Trial Court sentenced appellant to one year simple imprisonment and imposed Rs. 7 Lakhs compensation – High Court affirmed conviction and sentence – Appellant challenged the decision on grounds of financial capacity of complainant and loss of signed cheque [Paras 1-6].
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Criminal Law – Confiscation and Acquittal – Appellant's truck confiscated under Cow Slaughter Act despite acquittal in criminal case – Supreme Court held confiscation arbitrary when criminal court found no evidence of intent to slaughter – District Magistrate's order of confiscation overturned as it violated appellant's rights under Article 300A of the Constitut...
Criminal Law – Kidnapping for Ransom – Appellants convicted under Sections 364A and 120B IPC – High Court upheld convictions and sentences – Dr. Shashi Kumar Sinha and Salauddin were kidnapped on 7th February 2006 – Ransom of Rs. 1200000/- paid to Deepak Kumar – Subsequent arrest and rescue operations led to convictions – High Court's acquittal of Sant...
Criminal Law – Murder – Eyewitness Testimony – Appellant convicted for participating in group assault resulting in murder – Conviction based on testimonies of eyewitnesses who identified appellant as present and armed – Medical evidence corroborated gunshot injuries – Discrepancies in witness statements deemed minor and not affecting core prosecution case [Paras...
Negotiable Instruments – Dishonour of Cheque – Section 139 NI Act – Section 4 Indian Evidence Act – Presumption of Legally Enforceable Debt – Whether absolute – Held: Presumption under Section 139 NI Act is rebuttable – Complainant must prove pre-existing liability and legally enforceable debt – Failure to produce cogent evidence by complai...