Criminal Law - Dowry Harassment – Conviction under Sections 306 and 498A IPC – Evidence Found Unreliable – Acquittal Ordered – Appellants were convicted of abetting suicide and subjecting deceased to cruelty over dowry and property demands – Prosecution relied primarily on testimonies of mother, brother and relatives of the deceased – Held: Evidence was either i...
Contempt of Court – Section 10 and 15(2) of the Contempt of Courts Act – Cognizance of Contempt of Subordinate Courts – Suo Motu Jurisdiction of High Court – Upheld – Police officers attacked Additional District Judge in court – Held: High Court has jurisdiction under Section 10 read with Section 15(2) to take suo motu action in case of criminal contempt of subo...
NDPS Act – Acquittal Set Aside – Conviction Restored – Accused found transporting 73 bags of poppy husk (each 18 kg) in a tanker intercepted on highway by patrolling police – Trial court convicted under Section 15 of NDPS Act – High Court acquitted citing non-compliance with Sections 42 and 50 of NDPS Act – Held: High Court erred – Search was of a vehicle ...
Criminal Law – Registration of Counter FIR – Appellant’s complaint arising from the same incident as that of respondent’s FIR was not entertained by police – Appellant invoked Section 156(3) CrPC – Magistrate directed registration and investigation – Sessions Court and High Court set aside Magistrate’s order citing T.T. Antony v. State of Kerala and ...
Criminal Law - Dowry Death – Section 304B IPC – Section 113B Evidence Act – Conviction Affirmed – Deceased married about 2½ years before death – harassment and demand for dowry (including TV) proved – she left matrimonial home, returned after panchayat settlement two months prior to death – death by burns on 13.10.1988 not under normal circumstances...
Criminal Law – Murder/Attempt to Murder – Appeals Partly Allowed – Incident of 31.07.1977 over “Khajiha” land; deceased Pratap Singh suffered a single sharp-edged head blow (kanta) allegedly by Raja Ram; appellant Dashrath fired twice but missed; other injuries to both sides – Trial Court convicted Raja Ram under Section 302 IPC and Dashrath under Section 302/34...
Murder – Conviction Set Aside – Acquittal – Deceased allegedly strangulated with ‘pharna’ and stabbed near primary school at Ranguwal – FIR recorded at 11:20 p.m.; trial court convicted under Section 302/34 IPC; High Court affirmed – Held: Ocular version of PWs 3 & 4 (father and associate) unsafe – they are chance witnesses; major contradictions ...
Criminal Law – Sentencing – Reduction by High Court set aside – Facts & Decision – Accused fired several shots at informant in field; trial court convicted under Section 326 IPC and Section 27 Arms Act, imposing RI 5 years (326) and RI 1 year (Arms) – High Court upheld conviction but cut sentence to period undergone (~63 days) and enhanced fine to ₹25,000 &ndash...
Criminal Law – Murder - Dying Declaration vs. Section 164 CrPC – High Court Acquittal Set Aside – Matter Remanded – Multiple murders reported on 14.07.1984; PW-4 (injured survivor) gave a statement recorded as a “dying declaration” but survived; trial court convicted five; High Court acquitted as respondents not named therein – Held: When the maker survive...
Criminal Law – Murder – Dying Declarations – Multiple inconsistent dying declarations – Accused acquitted – Where dying declarations materially conflict and circumstances indicate possibility of tutoring without clear certification/satisfaction of fitness, they cannot be the sole basis of conviction; benefit of doubt must follow [Paras 31-34, 41-46].
Dying Declarat...