Criminal Law – Conspiracy – Essential Ingredients – Agreement between two or more persons to commit an illegal act or legal act by illegal means is sine qua non – Mere suspicion, knowledge, or discussion not sufficient – Conviction under Section 302 read with 120B IPC cannot be sustained when co-accused were not charged under Section 120B – Offence of conspiracy...
Criminal Law – Evidence – Confession and Recovery – Sections 25, 26, and 27 of the Evidence Act – Scope and Admissibility – Accused, while in police custody, recovered stolen items (a box and a key) without making any direct confession of guilt – Held: Statement relating distinctly to the discovery of the article is admissible under Section 27 – Confession...
NDPS Act – Search and Seizure – Compliance with Mandatory Provisions – Violation of Sections 42(2) and 50(4) – Police officers of Kapurthala conducting raid in Amritsar district without informing local police – Female accused personally searched by male officers – Non-compliance with statutory safeguards renders search illegal and recovery unreliable – Hel...
Criminal Procedure – Section 319 CrPC – Power to summon additional accused – Nature and scope – Held: Power is extraordinary and discretionary – To be exercised sparingly and only when compelling reasons exist – The evidence relied upon must be such that, if unrebutted, it would reasonably lead to conviction – Mere statement of witness or FIR reiteration i...
Criminal Law – Murder – Appreciation of Evidence – Sole Eyewitness – Conviction can rest on testimony of a solitary witness only if his presence is natural, and his version is wholly reliable and free from contradictions – Where witness changes version, gives improbable account and is of doubtful credibility, conviction unsafe [Paras 16–18].
Criminal Procedur...
Criminal Law – Attempt to Murder (Section 307 IPC) – Right of Private Defence – When accused fired two gunshots at complainants during a family dispute, plea of self-defence rejected – Evidence proved that complainants had only come to remonstrate about accused’s conduct – No aggression or provocation by complainants – Held: Plea of private defence unsusta...
Juvenile Justice – Claim of Juvenility – Section 7A of the Juvenile Justice Act – Appellant convicted under Section 302/149 IPC and sentenced to life imprisonment – Plea raised for the first time before the Supreme Court that the appellant was below 18 years of age on the date of offence (28.08.2002) – Held: In view of the proviso to Section 7A(1), claim of juvenility...
Criminal Procedure – Dismissal of Appeal for Default – Power to Rehear – Appellate Court cannot dismiss an appeal for default of appearance of the appellant or counsel – Court must either adjourn the case or decide it on merits after perusing the record – Sessions Judge dismissed the appeal after examining the judgment and record and therefore it was a decision on mer...
Criminal Law – Murder – Exception 4 to Section 300 IPC – Applicability – Appellant convicted for murdering deceased Kaluram by inflicting a knife blow on his chest – defence plea that incident occurred in a sudden fight without premeditation and hence case fell under Exception 4 to Section 300 IPC – Held: Exception 4 applies only when death is caused (a) without...
Constitutional Law – Freedom of Speech – Sedition – Sections 124A & 505 IPC – Validity upheld – Challenge to constitutionality of Sections 124A and 505 IPC on the ground that they violate Article 19(1)(a) – Held: The provisions, when read in light of Article 19(2), are valid – The restrictions imposed are “in the interests of public order” ...