Criminal Law – Murder – Conviction Based on Direct Evidence – FIR Delay – Identification of Decomposed Body – DNA Report – Role of MLA Accused – Appeals Dismissed – Jai Prakash Singh, father of the informant (PW-8), was abducted and murdered on 20.08.2015 by a mob of over 20 persons allegedly associated with a caste-based political meeting – PW...
Negotiable Instruments – Section 138 Conviction – Compounding of Offence Permitted – Revision petitioner convicted for dishonour of cheque – Conviction upheld in appeal – During pendency of revision, parties entered into joint compromise – Entire amount of Rs. 2,00,000/- paid and acknowledged by complainant – Held: In view of settlement, offence compounded...
Criminal Law – Rash and Negligent Driving – Conviction under Sections 279, 338, 304-A IPC – Modification of Sentence – Applicant, a state transport driver, convicted for rash and negligent driving causing death and injuries – Trial Court and Appellate Court concurrently held him guilty – High Court found no perversity in findings – However, considering the...
Maintenance – Section 125 Cr.P.C. – Quantum – Concealment of Income – Revision Dismissed – Revisionist-husband, a company director, challenged Family Court order directing payment of ₹20,000/- p.m. each to wife and daughter – He alleged that maintenance was excessive considering his income of ₹2.4 lakh p.a. – Wife alleged concealment of true income and...
Contempt of Court – Quasi-criminal nature – Standard of proof – Proceedings under the Contempt of Courts Act, 1971 are quasi-criminal in nature and demand the same standard of proof as in criminal trials – Punishment can be imposed only for wilful disobedience proved beyond reasonable doubt – Benefit of doubt must go to the alleged contemnor [Paras 9, 13, 20].
Proc...
Criminal Law – Dying Declaration – Section 32(1), Evidence Act – Section 162(2), CrPC – Statement of deceased recorded by Head Constable after medical certification of fitness held admissible as dying declaration. There is no mandatory requirement that such declaration must be recorded by a Magistrate or Doctor. What is essential is voluntariness, truth, and fitness of make...
Criminal Law – Attempt to Murder – Section 307 IPC – Accused fired two gunshots at complainant over irrigation dispute – Medical and ocular evidence consistent with prosecution version – Defence plea of accidental firing rejected – Held: Prosecution proved guilt beyond reasonable doubt – Knowledge of likelihood of causing death sufficient to attract Sectio...
Criminal Procedure – Cognizance – Section 202(2) CrPC – Requirement to examine “all witnesses” in complaint cases triable exclusively by Sessions Court – Held: The proviso to Section 202(2) is directory and not mandatory – Non-examination of all witnesses by the complainant does not vitiate the order of cognizance if the Magistrate is satisfied that a prim...
Negotiable Instruments Act – Section 141 – Vicarious liability – Directors and officers of company – Mere designation as Director insufficient to attract criminal liability under Section 141 – Complaint must contain specific averments showing how and in what manner the accused was in charge of and responsible for the conduct of company’s business – Bald, m...
Warrant of Arrest – BNSS, 2023 – Calcutta HC upholds Magistrate’s order showing petitioner as absconder in municipal forgery case despite his compliance with Section 179 BNSS notice; revision dismissed.
Criminal Procedure – Warrant of Arrest – BNSS, 2023 – Magistrate’s Order – Petitioner shown as absconder in charge-sheet despite compliance with S...