Criminal Law – Rajasthan Sati (Prevention) Act – Offences Under Sections 5 and 6(3) Are Distinct – High Court’s View Overruled – Held: Section 5 penalises acts glorifying Sati per se; Section 6(3) penalises violation of prohibitory order issued under Sections 6(1) or 6(2) – Offences under both sections are separate in ingredients, scope, and object – Secti...
Criminal Law - Dowry Death – Section 304B IPC – Conviction Restored – High Court’s Acquittal Reversed – Accused married deceased after original groom failed to appear; marriage took place based on dowry demand of ₹10,000 and 3 sovereigns of gold – Part dowry paid; remaining balance due – Deceased subjected to harassment for balance dowry amount shortly b...
Criminal Law – Murder, Attempt to Murder, Hurt, Robbery – Sections 302, 307, 324, 394 read with Section 34 IPC – Acquittal Restored – The appellants, along with others, were charged under Sections 148, 302, 307, 324, 394 IPC – The trial court acquitted them giving cogent reasons, doubting prosecution evidence and reliability of witnesses – The High Court reverse...
Criminal Law – Appeal against Reversal of Acquittal – Two-Views Rule Reaffirmed – High Court reversed acquittal for murder; SC found prosecution evidence riddled with omissions, improvements, contradictions (FIR timing/fitness, non-mention of injuries, non-examination of injured eyewitness), and credible defence of contemporaneous cross-case with injuries to DW – Held: tria...
Criminal Law – Section 34 IPC – Common Intention – The appeals arose from a brutal multiple murder of a family of six, including infants – A1 and A2 were sentenced to death and A3 acquitted by the High Court – Supreme Court upheld convictions of A1 and A2, while affirming acquittal of A3 – Held: To invoke Section 34 IPC, there must be participation in furtheranc...
Criminal Law – Quashing - Drugs and Cosmetics Act – Sale of Drugs Without Valid License – Petitioner (Accused No.2), a licensed drug distributor, alleged to have supplied allopathic drugs to Accused No.1, a non-registered practitioner running a clinic without drug license – Proceedings initiated under Sections 18(a)(vi) and 27(d) of the Act of 1940 – Court held that s...
Criminal Revision – Discharge – BNSS Ss. 438 & 442 – PC Act S. 13(1)(c), (d) r/w 13(2) – IPC Ss. 409, 420, 120B – Refusal to Discharge Upheld – Allegation that Board-level approval enabled supply of limestone at ₹689.87/MT against an earlier ₹621/MT with inferior quality/quantity, causing loss to Malabar Cements Ltd – Held: On materials placed, a p...
Family Law - Maintenance – Award of ₹21,000 to Wife/Mother – Challenge under Section 438 r/w 442 BNSS – Petitioners (husband and sons of respondent) contended that respondent left matrimonial home voluntarily in 2015 and filed maintenance petition only in 2019 – Petitioners alleged their own lack of income and claimed respondent had sufficient means and was living indepen...
Criminal Law – Quashing of Summoning Order – Cognizance under Sections 427, 448, 294, and 506-B IPC – Petitioner sought quashing of cognizance order passed by JMFC, Panna, which was affirmed in revision – Held: Trial Court rightly took cognizance under Sections 427 and 506-B IPC based on prima facie evidence from complaint and statements under Sections 200 and 202 CrPC &nda...
Criminal Procedure – Anticipatory Bail – Grant Without Cogent Reasons – High Court granted anticipatory bail to accused in murder case under Section 302 IPC and Section 27 Arms Act – Accused allegedly extorted money from the deceased, a health worker, and hired contract killers upon her failure to pay – Supreme Court held that the High Court failed to record adequate ...