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...
Dowry Death – Sections 304B and 306 IPC – Suicide within 2½ months of marriage – Acquittal – Deceased Geetu committed suicide shortly after marriage – Prosecution alleged persistent dowry demand of a car by husband and in-laws – Letters written by deceased during this period indicated affection from matrimonial family, absence of dowry demand, but difficu...
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...
NDPS Act – Conviction under Section 21 – Seizure of Buprenorphine – Conviction Upheld – The appellant was found in possession of 25 ampoules of 'Tidigestic' (Buprenorphine) and arrested on the spot – Trial Court acquitted the appellant citing discrepancies in prosecution evidence – High Court reversed the acquittal and convicted the appellant – Sup...
Criminal Law - Criminal Conspiracy – Circumstantial Proof – IPC Ss.120-A, 120-B – Agreement sufficient – Conspiracy can be inferred from conduct and surrounding circumstances – Secrecy and routing of MUL funds through BRs and pay orders while masking them as MUL-UCO transactions established concert between A-1, A-3 and A-5 – Held: conspiracy proved, though A-2 n...
Murder – Circumstantial Evidence – Acquittal Ordered – Prosecution case rested on circumstantial evidence of accused hiring taxi, staying at hotel, recovery of ornaments, and letter allegedly written by accused – Hotel waiter, the sole direct witness, not examined – Register entries not legally proved – Recovery of common ornaments not connected to deceased &nda...
Criminal Law - Murder – Ocular Testimony vs. Medical Evidence – Appeals Dismissed – Sessions Judge acquitted accused of strangulating deceased; High Court reversed and convicted under Section 302/34 IPC – Supreme Court upheld conviction – Eyewitness testimony of police constables on patrol duty fully corroborated by medical and documentary evidence – No inconsis...
Criminal Law - Murder – Circumstantial Evidence – Murder and Robbery – Sections 302, 392 r/w 397 IPC – Conviction and death sentence upheld – Prosecution relied on motive, recovery of jewellery, cash, fingerprints, and presence near crime scene – Recovery of ornaments at appellant’s instance and pledge of stolen jewellery shortly after incident established...
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...
Election Dispute – Electoral Roll Challenge – Writ Petition Not Maintainable – Appeal Dismissed – The appellants challenged the preparation of the electoral roll for a cooperative society's managing committee election, claiming non-compliance with rules – The Supreme Court held that preparation of electoral rolls is an intermediate stage in the election process un...