Criminal Law – Murder – Section 302 read with Section 34 IPC – Conviction upheld – Eyewitness Rajesh (PW5) testified that Sunil caught hold of the deceased while co-accused Dharamvir inflicted knife blows – Testimony clear, cogent and trustworthy – Minor omissions or elaborations in deposition do not discredit prosecution case – Section 34 IPC attracted &n...
SC/ST Act – Cognizance – Caste-based Abuse – Public View – Appellants challenged cognizance order under Sections 3(1)(r)(s)(w)/3(2)(va) of SC/ST Act – Alleged that caste-based remarks were made inside house and not in public view – Trial court relied on FIR, injury report, restatement of informant and witness statements indicating villagers assembled after heari...
Criminal Law – NDPS Act – Ganja Seizure – Enhancement of Sentence – Respondent found in alleged possession of 1.7 kg of Ganja – Seizure included seeds and leaves – FSL Report confirmed presence of flowering tops but also noted seeds and leaf matter – Held: Under Section 2(iii)(b) of NDPS Act, Ganja excludes seeds and leaves unless accompanied by flowering ...
Criminal Law – Murder – Conviction under Sections 302/34, 396, 460, 404 IPC and Sections 11/13 of the M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam set aside – Acquittal by trial court restored – Sole testimony of six-year-old child witness and retracted confession of co-accused held unsafe to rely upon – Recovery evidence weak and motive insufficient –...
Criminal Law – Murder - High Court Acquittal Set Aside – High Court acquitted accused without considering testimony of three injured eyewitnesses and ignored consistent medical corroboration – Held: Failure to examine eyewitness testimony amounts to gross miscarriage of justice – Appellate Court bound to consider evidence on record before reversing conviction – Acquit...
Maintenance – Proof of Marriage – Decree Reversed – Plaintiff filed suit for maintenance claiming to be legally wedded wife of defendant – Defendant denied marriage altogether – Trial Court relied solely on oral testimony of P.W.3 (defendant’s brother-in-law) and decreed maintenance – Appellate Court found no documentary proof of marriage, no evidence of c...
Criminal Law – Section 482 CrPC – Quashing of FIR & criminal proceedings – High Court’s powers are not limited by bar under Section 320 CrPC – Where matrimonial disputes are settled amicably, FIR or complaint under Sections 498A/406 IPC can be quashed to secure ends of justice – Hyper-technical view would defeat purpose of law meant to protect women [Paras 2...
Criminal Law – Bail – Abetment of Suicide – Charge-sheet filed under Section 306 IPC after initial FIR for murder – Allegations based on last-seen theory and post-mortem injuries – Doctor’s opinion ruled out strangulation – Court held that cause of death was drowning and injuries were simple and ante-mortem – Bail granted considering petitioner&rsquo...
Criminal Law – Murder and Attempt to Murder – Right of Private Defence – Sections 302, 304 Part I, 307, 34 IPC – Conviction Modified – Trial Court acquitted A-2 (son) and convicted A-1 (father) under Section 304 Part I IPC for exceeding right of private defence – High Court reversed and convicted both under Section 302 IPC – Held: Trial Court’s findi...
Criminal Law – Explosives – TADA – Police constable found in possession of explosives (detonators, timers, splinters, tools etc.) from quarter allotted to father-in-law but occupied by appellant – Conviction under Sections 3, 4 Explosive Substances Act and Sections 3, 5 TADA upheld – Evidence of police officers sufficient and trustworthy – No rule that absence o...