Criminal Law – Culpable Homicide vs. Murder – Altercation over a mobile phone – Appellant hit the deceased on the head with a lathi, causing a fatal injury – Trial Court convicted the appellant under Section 302 IPC – Appellant contended lack of premeditation and intent, seeking modification of conviction – High Court observed that the incident occurred suddenly...
Negotiable Instruments Act – Section 138 – Issuance of Process – Pre-Trial Stage – Legally Enforceable Debt – Statutory Presumption under Section 139 – Appellant's husband, through a mediator (second respondent), issued a cheque of ₹50 crores as security in an escrow arrangement under a settlement agreement – Cheque was dishonoured with remark "...
Criminal Law – Murder – Circumstantial Evidence – Acquittal – Appellant convicted under Section 302 IPC and sentenced to life imprisonment by the Trial Court; conviction affirmed by the High Court of Chhattisgarh – Prosecution case rested entirely on circumstantial evidence: alleged last-seen testimony of Raja Ram (PW-4), recovery of blood-stained axe and clothes purs...
Criminal Law – Murder – Circumstantial Evidence – Standard of Proof – Conviction under Section 302 read with Section 34 IPC challenged – Case resting entirely on circumstantial evidence with no independent eyewitness – For conviction based on circumstantial evidence, the circumstances must be fully established, consistent only with the hypothesis of guilt, of co...
Juvenile Justice – Bail – Child in Conflict with Law – Section 12, JJ Act, 2015 – Bail is Rule, Refusal Exception – CCL aged 14 years 9 months arrested on 22.08.2025 for alleged offences under Sections 103(1) and 109(1) BNS 2023 and Section 135(1) of the GP Act for causing death of another child by a single knife blow – Section 12 of the JJ Act, 2015 overrides b...
Criminal Law — Quashing of Chargesheet — Section 482 CrPC — CCTV Footage — Parity among Co-accused — Appellants, residents of the same apartment complex as the complainant, arraigned in chargesheet under Sections 143, 341, 323, 324, 354, 504, 506, 509 and 427 IPC arising from a neighbourly altercation on 11.10.2022 — High Court quashed proceedings against two co...
Criminal Law — Medical Negligence — Quashing of Proceedings — Section 482 CrPC — Paediatric Surgeon — Orchidectomy on Minor Child — Consent — Appellant surgeon performed left Orchidectomy on a one-and-a-half-year-old child with undescended testis during a surgical procedure at SRMC Hospital on 24.08.2005 — Complainant-father alleged that consent was ...
Criminal Law — Culpable Homicide — Common Intention — Section 304 Part II read with Section 34 IPC — Boundary dispute between close relatives — A-1 (Senthil) attacked with Aruval but blows fell on PW-4 (intervener), not the deceased — A-2 (Sivakumar) struck the deceased on the head with a log causing fatal skull fracture and brain haemorrhage — Trial Court...
POCSO Act — Section 15(2) — Child Sexual Abuse Material — Discharge of Accused — Subjective Satisfaction Test — Accused persons chargesheeted for storing, possessing, and transmitting Child Sexual Exploitation Material (CSEM) through mobile phones and WhatsApp groups — Sessions Court discharged accused under Section 15(2) POCSO Act solely on the ground that age ...
Negotiable Instruments Act – Section 145 – Affidavit Evidence – Accused Cannot File Evidence-in-Chief by Way of Affidavit – Section 145(1) expressly enables only the complainant to give evidence-in-chief on affidavit in proceedings under Section 138 of the NI Act – The provision uses the word "complainant" and does not extend the same liberty to the accused ...