Penal Code 1860 (IPC) – Murder – Acquittal – Discrepancies and inconsistencies in the prosecution witnesses' evidence – Material contradictions noted in testimonies – Convictions and sentences set aside – Appeals allowed [Paras 1-62].
Discrepancies in Evidence – Vital discrepancies in prosecution's witnesses – Testimonies failed ...
Defamation – Private Complaint by Minister/Public Servant – Special procedure under Section 199(2) CrPC does not eclipse general procedure under Section 199(6) – Public servant's right to file individual complaint preserved – Appeals concerning procedural objections dismissed [Paras 41-56].
Tweets and Defamation – Statement “your answer will dis...
Murder – Non-recovery of Weapons – Non-recovery of weapons does not discard the evidence of injured eye witnesses – Conviction under Sections 302 and 149 IPC upheld – Appeals dismissed [Paras 1-22].
Unlawful Assembly – Common Object – Ten individuals assembled with firearms and lethal weapons – Violence and the ultimate act leading to murder i...
Murder – Acquittal – Absence of weapon recovery not a ground for acquittal – Eye witness testimony sufficient to convict – Contradictions in FIR timing not substantial – High Court's acquittal quashed and Trial Court's conviction restored – Respondents directed to surrender [Paras 1-10].
Eyewitness Testimony – Sole reliance on credible...
Criminal Law – Murder – Conviction based on circumstantial evidence – Appellant convicted under Section 302 IPC for murder of wife – Deceased died due to asphyxia caused by throttling – Injuries on the body indicative of foul play – Appellant failed to explain injuries and cause of death – Prosecution established a chain of circumstances pointing to guilt ...
Section 436-A of the Cr.P.C. provides that an under-trial cannot be detained for a period longer than the maximum punishment provided for the offence. The applicant had already exceeded the maximum prescribed sentence for the non-bailable offence, entitling him to release on bail. [Para 17, 34-35]
The offence under Section 389 of the IPC is a bailable offence. Considering the facts an...
Criminal Law – MCOCA – Organized Crime – Confession – Appellants challenged validity of confessions recorded by an Additional Superintendent of Police (Addl. SP) under MCOCA – Supreme Court held that Addl. SPs are not of the same rank as SPs – Confessions recorded by Addl. SPs not admissible under Section 18 MCOCA – High Court's dismissal of writ petit...
Penal Code – Murder by Poisoning – Appellant convicted for murdering wife of informant by mixing poison in milk – Chemical Examiner reports and investigation revealed procedural lapses – Evidence indicated potential tampering with samples and lack of direct proof linking appellant to possession and administration of poison – Supreme Court found prosecution failed to e...
Criminal Law – Discharge – Appeal against dismissal of discharge application – Allegations of corruption and fraud against an Executive Engineer (EE) in Jharkhand State Electricity Board (JSEB) – No prima facie evidence of entrustment of funds, fraudulent or dishonest intent, or illegal gratification – Appellant's actions were based on instructions and approvals f...
Criminal Procedure - Regular Bail Application - Narcotic Drugs and Psychotropic Substances Act - Section 439 Cr.P.C - Petitioner seeks regular bail in a case registered under Sections 21 and 22 of the NDPS Act (Section 29 NDPS Act added later) - Alleged recovery of contraband from co-accused (petitioner's husband) - Petitioner's custody for 7 months and 8 days - Petitioner's contention...