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...
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...
Criminal Law – Abuse of Process – Quashing of Proceedings – Bank officers encashed guarantors’ FDRs after loan default – Guarantor filed complaint under Sections 409, 422, 426 and 120B IPC alleging conspiracy and breach of trust – FIR against borrower and guarantors already lodged by bank – Held: Complaint was a counter-blast and lacked any specific allega...
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 - Preventive Detention – Pre-execution challenge – Alka Subhash Gadia exceptions – Articles 226/32; COFEPOSA Sections 3 & 7 – Appellant sought quashing of detention order before execution citing delay and inaction, alleging order passed for a wrong purpose – Held: At pre-arrest stage, interference lies only in the five limited situations in Alka Subha...
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...
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...
Narcotic Drugs and Psychotropic Substances Act – Bail – Commercial Quantity – Petitioners arrested with 112.270 kg of ganja, a commercial quantity, and in custody for 182 days – No application filed by the Public Prosecutor seeking extension of detention under Section 36A(4) of the NDPS Act – Held: In absence of a report from the Public Prosecutor seeking extension be...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 201 and 120-B IPC for the murder of a 10-year-old boy based on circumstantial evidence – Trial Court relied on testimonies of PW-2 (claimed to overhear a conspiracy), PW-3 and PW-4 (last seen witnesses) – High Court affirmed the conviction holding the chain of circumstances complet...
Criminal Law – Murder – Dying Declaration – Victim named appellants Dilip Dey and Manoj Singh as shooters in statement recorded by police officer in presence of doctor and relatives – Statement corroborated by brothers of deceased (PWs 5 and 7) – Medical officer (PW9) confirmed victim was conscious – Objection to lack of medical certificate of mental fitness rej...