Evidence Law - Disclosure Statements – Criminal Appeal – If no recovery was made pursuant to the disclosure statement, it is hit by Section 25 of the Indian Evidence Act and cannot be relied upon – Held that no reliance can be placed on disclosure statements where no recovery was effectuated. [Para 38]
Criminal Procedure - Footprint Evidence – Investigation in ...
Criminal Law - Murder vs. Culpable Homicide Not Amounting to Murder - Medical Evidence – Appellants/accused attacked deceased with blunt side of a sword and fisticuffs – Injuries on non-vital parts – Medical evidence indicated death due to pulmonary embolism, pneumonia, and kidney failure leading to cardio-pulmonary arrest – Injuries not sufficient to cause death in ordinar...
Criminal Law - Conviction for Murder - Direct Evidence vs. Motive – Appellant convicted for murdering his wife by inflicting injuries with a sharp-edged weapon – Appellant argued lack of motive – Court held motive insignificant in the presence of direct evidence – Conviction based on eyewitness testimony and forensic evidence upheld – Appellant’s contention rega...
Criminal Law - Conviction for Murder - Evidentiary Basis and Delay in Forensic Examination – Accused-appellants convicted under Sections 302/34 and 506 IPC for attacking the deceased with knives – Delay of 6 months in forensic examination of knives – Held, delay not beneficial to the accused given doctor's opinion that injuries matched knives – Inordinate delay potentia...
Criminal Law - Parole - Temporary Release of Prisoners – Petitioner, a life convict for murder, denied parole on grounds of potential criminal activity – Held, likelihood of committing crime while on parole is not sufficient to decline parole – Parole can be denied only if release endangers state security or public order – Petitioner does not fall under 'hardcore prison...
Facts:The appellants and their family were accused of forming an unlawful assembly and causing injuries in their village.The prosecution alleged assault due to old enmity, leading to charges under various sections of the IPC.The defense argued denial of the occurrence, presenting an alternative version where the injuries on the accused resulted from an attack on their family members.The trial cour...
FACTS: The appellants, Bijender @ Papu and another, along with three co-accused, were convicted under various sections of the Indian Penal Code (IPC), including Section 325 read with Section 149, Sections 148A, 308/149, and 323/149. The Trial Court imposed a sentence, and the High Court, on appeal, enhanced the punishment for the major offence.ISSUES:The appellants claimed parity with three other ...
Facts: The case involves a writ petition (criminal) filed by Dr. Rini Johar and another against the State of Madhya Pradesh and others. The petitioners, a doctor and a practicing advocate, faced charges under Section 420 IPC and Section 66-D of the IT Act. They were arrested without following proper arrest procedures and later enlarged on bail. The petitioners alleged a demand for bribe by police ...
Facts: The three lady appellants, along with two men, were accused in a case involving various offenses. The trial court convicted all accused, and the High Court affirmed the decision. The appeal contended that contradictions in the victim's statements were not properly considered, and the defense of the appellants was overlooked.Issues:Contradictions in the victim's statements regardin...
Facts: The appellants made a payment totaling Rs. 14,89,349.00, taking into account the duty payable under Section 3(1) of the Central Excise Act, 1944, considering the cum-duty benefit. An additional amount of Rs. 11,19,775.00 was payable if the benefit of a specific notification was applied.Issues: The extension of the benefit of cum-duty price, the invocation of a wrong section or rule in the s...