Criminal Law – Abetment of Suicide – Lack of Evidence – Allegations against appellant included refusal to marry the deceased leading to his suicide – FIR claimed appellant and her family abused deceased with casteist remarks and forced poison – No material evidence of relationship or abetment by appellant – Appellant had previously complained to police about dec...
Criminal Law – Murder vs. Culpable Homicide – Distinction – Incident where the appellant was accused of running over a police officer after a truck inspection – Appellant initially convicted under Section 302 IPC – Supreme Court reevaluated circumstances, noting absence of premeditation and direct animus – Conversion of conviction to Section 304 Part I IPC justi...
Criminal Law – Abetment of Suicide – Appellant convicted under Section 306 IPC and Section 4(b) of the Tamil Nadu Prohibition of Harassment of Women Act for allegedly causing his wife's suicide – Incident involved both the appellant and his wife consuming pesticide, with the appellant surviving – Supreme Court held mere harassment without any active role or positive act...
Criminal Law – Summoning of Additional Accused – Appeal against the order summoning the appellant under Section 319 CrPC – FIR lodged by the second respondent alleged that the deceased, her husband, was murdered by the appellant, his employer – Police investigation led to chargesheet against three persons – During trial, the second respondent testified implicating the...
Quashing of FIR – Compromise – Section 482 Cr.P.C. – FIR registered under Sections 420, 467, 468, and 120-B IPC – Dispute amicably settled between parties – Complainant appeared through Power of Attorney – Held, inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings if the offence is overwhelmingly and predominantly of a civil n...
Penal Code – Sections 302, 149, 201 r/w 120B – Murder – Cancellation of Bail –The Supreme Court held that the High Court erred in releasing the accused on bail pending appeal against their conviction under Sections 302, 149, 201, r/w 120B IPC. The High Court failed to consider the accused’s repeated threats to witnesses and the gravity of the accusations. The conduct ...
Criminal Procedure – Quashing of FIR – High Court issued oral directions to restrain arrest without written order – Supreme Court highlights that oral observations are not part of judicial record – Written orders are binding and enforceable – Administration of criminal justice involves public interest, not just a private matter between parties – Oral directions ...
Criminal Law – Anticipatory Bail – Successive Applications – Petitioners filed fourth and third petitions under Section 438 read with Section 482 Cr.P.C. for anticipatory bail in FIR No. 348 dated 06.10.2014, registered under Sections 420, 465, 467, 468, 471, 120-B, and 201 IPC. High Court held that successive bail applications are not maintainable unless based on new substantial...
Cancellation of Bail – Non-disclosure of Pending Application – Mere non-disclosure of the factum of a pending bail application before the High Court while moving a bail application before the Sessions Court is not a ground for canceling bail – Reliance on Supreme Court judgment Mohan Singh v. UT, Chandigarh – Simultaneous bail applications permissible – Cancellation o...
Criminal Law – Bail – Cancellation – Habitual Offender – Accused was involved in four criminal cases and had been convicted – While on bail, accused committed another offence and hatched a conspiracy from jail to commit murder – High Court cancelled the bail in another case due to involvement in heinous crimes while on bail – High likelihood of threat and ...