Murder – Conviction under Sections 302 and 34 IPC – Appeal against conviction – Incident involved fatal assault on Ganeshram by Devilal, Gokul, and Amrat Ram – Eyewitness accounts and recoveries of weapons (lathi, sword, axe) corroborated prosecution case – Conviction upheld [Paras 1-24].
Juvenility – Determination – Appellant Amrat Ram claimed juvenili...
Murder – Conviction under Sections 302 and 34 IPC – Appeal against conviction – Postmortem report indicating injuries from both blunt and sharp objects – Appellant armed with lathi, co-accused with axe – Injuries consistent with weapons used – Conviction upheld [Paras 1-24].
Juvenility – Determination – Appellant claimed to be juvenile at the time...
Criminal Procedure – Default Bail – Computation of Period – Appeals against Bombay High Court order granting default bail – Respondents arrested for offences under Prevention of Money Laundering Act, 2002 – Issue of whether the remand day should be included or excluded in the computation of the 60-day period for default bail under Section 167(2) CrPC – Conflicti...
Proclaimed Offender – Procedural Compliance – Section 82 Cr.P.C – Petitioner declared as a proclaimed person for not appearing in a case – Petitioner later surrendered before the trial court – Court held that once the accused surrenders and joins proceedings, they can no longer be described as an offender – Proceedings under Section 82 Cr.P.C. fulfilled their pu...
Criminal Law – Custodial Death – Appellants, police officers, convicted for beating the deceased in police custody leading to death – High Court upheld convictions under Sections 324/34 IPC and 471/34 IPC – Appeal challenges conviction and seeks compounding of offences – Supreme Court rejects compounding, emphasizing severity of custodial violence and need for stringe...
Criminal Law – Kidnapping – Quashing of FIR – Appellant sought quashing of FIR for kidnapping of a minor girl – Prosecutrix and complainant did not level allegations against the appellant – Main accused married the prosecutrix and had children with her – High Court dismissed appellant’s petition – Supreme Court held continuation of proceedings agains...
Prevention of Corruption Act – Illegal Gratification – Acquittal – Appellant accused of demanding and accepting Rs. 500 and a cell phone as illegal gratification – Trial court acquitted the appellant citing lack of evidence and contradictions in witness testimonies – High Court reversed acquittal without adequate reasons – Supreme Court held that the mere recove...
Money Laundering – Search and Seizure – Due Process – Appellant challenged the freezing of bank accounts by the Enforcement Directorate – Supreme Court held that the procedure under Section 17 of PMLA must be followed strictly – Freezing of accounts without following due process deemed unsustainable – Court directed defreezing of accounts to enable statutory pay...
Corruption Law – Illegal Gratification – Acquittal – Appeal – High Court acquitted respondent without detailed reappreciation of evidence – Supreme Court held that High Court must reappreciate entire evidence independently in appeals against convictions – High Court's approach found to be erroneous and patently illegal leading to miscarriage of justice &ndas...
Section 319 Cr.P.C. – Summoning Order – Discretionary Power – Power under Section 319 Cr.P.C. is discretionary and extraordinary, to be exercised sparingly and only when strong and cogent evidence exists against the person from the evidence before the court. It is not to be exercised merely because the judge believes someone else may be guilty. The High Court erred in not conside...