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...
Criminal Law – Culpable Homicide - Section 304 Part I/34 IPC – State appeal against acquittal – Deceased objected to accused’s camel damaging crops; beaten with lathis on head; died en route to Jaipur – Trial court convicted under Section 304 Part I/34 IPC (10 years); High Court acquitted citing FIR delay – Held: Acquittal unsustainable; conviction under Section...
Criminal Law – Murder – Common Intention – Conviction under Section 302 IPC – Appellant Nirmal Singh convicted for shooting the deceased in the abdomen with a country-made pistol – Conviction upheld based on consistent and credible testimony of multiple eyewitnesses (PWs 1, 3, 4, 5, 8, 11) who were family members of the deceased – Presence of motive established ...
Murder – Section 302 IPC – Section 27 Arms Act – High Court’s acquittal reversed – Trial Court’s conviction restored – Ten accused tried for rioting and murder – only Accused No. 2 (Jagdish Singh) remained in appeal – Eyewitnesses consistently deposed that Jagdish fired three shots from his rifle, the third hitting the deceased – Rifle se...
Criminal Law – Abetment of Suicide – Section 306 r/w Section 34 IPC – Conviction Affirmed – Deceased wife committed suicide by burns; parents testified to persistent dowry demands and harassment by husband (A-1) and mother-in-law (A-2) – Defence plea of cordial relations and alternative motive (query about movement with a stranger) not accepted – Held: Evidence ...
Criminal Law – Culpable Homicide – Conviction Restored – Deceased Ram Swaroop was beaten with lathis by accused Gujarmal and his sons Maharaj Singh and Bachan Singh following a dispute over a camel damaging crops – Death resulted from severe head injuries – Trial court convicted under Section 304 Part I read with Section 34 IPC and sentenced to 10 years’ RI &nda...
Criminal Law – Attempt to Murder – Conviction Reversed – Appellant convicted under Section 307 IPC while co-accused were acquitted on the same evidence – High Court held that the trial court failed to justify the distinction in treatment between co-accused and appellant – Evidence of PW-1 and PW-2 did not support exclusive guilt of appellant – No plausible expla...