Bail – Grant of Regular Bail – Petitioners, Managing Directors of QVC Realty Company Limited and Chintels India Limited, sought regular bail under Section 439 Cr.P.C. – Petitioners accused of fraud and money laundering under Sections 3 and 4 of the PMLA – FIR initially registered under Section 10 of the 1975 Act and Section 420 IPC for breach of license terms – Twin c...
Dowry Death and Cruelty – Sections 304-B and 498-A IPC – The Supreme Court held that offences under Sections 498-A and 304-B IPC are distinct, though both involve cruelty. Conviction under each section requires separate proof of their specific ingredients. In this case, the death due to poisoning within seven years of marriage and evidence of consistent dowry demands and harassment sat...
Dowry Death – Section 304-B IPC – The deceased committed suicide by setting herself ablaze just after one year of her marriage, having been subjected to cruelty and harassment for dowry by the accused. The court emphasized that Section 304-B IPC, which defines 'dowry death', should be interpreted keeping in mind the legislative intent to curb the social evil of dowry demands an...
Criminal Procedure Code – Anticipatory Bail – The High Court's rejection of anticipatory bail under Section 438 Cr.P.C. does not preclude it from granting protection from arrest in exceptional circumstances. However, such protection must be narrowly tailored and justified with reasons, and for the shortest duration necessary. The High Court's grant of 90 days protection without...
Murder – Conviction Justified – The Supreme Court upheld the conviction under Section 302 IPC, emphasizing that an axe blow on an old woman's vital body part would in all probability cause her death. This justified the conviction for murder. The Court stressed that it is not necessary for the prosecution to multiply witnesses on the same point; it is the quality of evidence that ma...
Murder – Dying Declaration – The Supreme Court emphasized that a dying declaration can form the sole basis for conviction if it is found to be genuine and voluntary. However, the Court must ensure the declaration is free from tutoring, prompting, or imagination. In this case, the victim, who had 80% burn injuries, was found to be in no position to talk or give a statement. The son'...
Murder – Acquittal Justified – The Supreme Court emphasized that the evidence of the appellant running away from the scene of the crime was too thin to justify a conviction under Section 302 IPC. The principle of res gestae could not be applied to convict based on such insubstantial evidence. The Court upheld the acquittal by the trial court, stating that the witness statements and evi...
Murder – Eyewitness Testimony – The Supreme Court upheld the High Court's decision to reverse the acquittal based on the reliability and trustworthiness of eyewitnesses. The absence of motive was deemed insignificant when direct evidence from reliable eyewitnesses is available. The non-examination of independent witnesses was not considered fatal to the prosecution's case [Para...
Penal Code, 1860 – Section 302 read with Section 34 – Murder – Common Intention – The appellants were convicted of murder based on the consistent, natural, and trustworthy testimony of key witnesses. The alleged omissions, such as not seizing the motorcycle or the gold chain of one of the victims, do not discredit the prosecution's evidence. The motive for the crime was...
Criminal Law – Bail – Grant of Bail – The High Court's decision to grant bail to the accused, a history-sheeter charged with murder and other serious offences, was challenged. The Supreme Court noted the potential threat to witnesses and the safety concerns of victims' families. It emphasized the need for courts to consider the impact of bail on the witnesses and the publ...