Murder – Sudden Fight – Exception 4 to Section 300 IPC – Not Applicable – The appellants argued that the killing occurred in a sudden quarrel without premeditation and hence fell under Exception 4 to Section 300 IPC – Held: Though the quarrel was sudden and without pre-planning, the appellants acted in a cruel and unusual manner by firing at unarmed victims with firea...
Murder – Sections 302 & 34 IPC – Eyewitness testimony and medical corroboration – Conviction Altered to 302/34 – Prosecution case supported by consistent eyewitnesses (PWs 2 & 3) and postmortem showing multiple incised wounds consistent with kirpan blows – Defence plea of false implication rejected in view of admitted presence and superficial nature of accused...
Criminal Contempt of Court – Scandalising the Judiciary – News Report based on Speech – Gross Contempt Made Out – Rajendra Sail in a public rally termed the High Court judgment acquitting accused in Niyogi murder case as “rubbish,” alleged bias, corruption and lack of honesty of judges, and questioned assignment of cases to retiring judges – Held: Statemen...
Criminal Procedure – Section 167(2) CrPC – Default Bail – Cognizance under TOHO – Appellants arrested in connection with organ transplant racket – CBI filed complaint under Section 22 of the Transplantation of Human Organs Act, 1994 – Appellants claimed entitlement to statutory bail as no chargesheet (police report) was filed within 90 days – Held: CBI, th...
Section 376 of the Indian Penal Code - Rape by Father – Sole Testimony of Prosecutrix – Conviction Restored – Accused charged with raping his minor daughter at night after bolting the room – Trial Court convicted based on testimony of prosecutrix and supporting evidence – High Court acquitted relying on absence of medical corroboration and spermatozoa – Held: Hi...
Criminal Procedure – Warrant Case on Complaint – Framing of Charge – Applicability of Section 245(2) and 246(1) CrPC – Appellant, Director of Indian School of Mines, prosecuted for conspiracy to use forged document in judicial proceedings – Trial Court dismissed discharge application under Section 245(2) and framed charge without recording evidence – Held: In co...
Negotiable Instruments Act – Section 138 – Ingredients – Dishonour of Cheque – Cheque dishonoured with remark “reported lost by drawer” – No allegation of insufficiency of funds – Complainant issued statutory notice and filed complaint – Appellant sought quashing under Section 482 CrPC – Held: Penal liability under Section 138 arises only...
Criminal Law – Quashing of FIR - Medical Negligence – Criminal Liability – IPC Section 304A – Civil vs. Criminal Standard – FIR alleged death of patient due to empty oxygen cylinder and negligence of doctors – Issue: whether such facts make out offence under Section 304A IPC – Held: For criminal liability, negligence must be “gross” or of a ver...
Anticipatory Bail – Sections 75, 79, 351(2), and 352 BNS - Allegation of Sexual Harassment – Guest Lecturer alleged that petitioner (Accused No.1), a University official, filmed her, used obscene language, and threatened job loss unless she complied with sexual demands – Accused Nos. 2 and 3 granted bail by Sessions Court – Petitioner’s bail rejected without reasons &...
Criminal Law – Abetment of Suicide – Ingredients – Suicide by business associate allegedly due to mental harassment and coercion in connection with profit-sharing – Suicide note blamed appellant and others for pressuring deceased – Trial court framed charge under Section 306 read with Section 34 IPC – Supreme Court held that for abetment under Section 107 IPC, i...