Criminal Law – Appeal against conviction under Section 302 - Conviction set aside and benefit of doubt granted - Extra-Judicial Confession – Admissibility and Reliability – Prosecution relied on extra-judicial confession made by the accused before PW-1 (landlord), PW-3 (brother of deceased), PW-4 (relative), and PW-6 (neighbor) – Supreme Court reaffirmed that extra-judicial...
Regular Bail – Criminal Conspiracy – Sections 399 and 402 IPC, NDPS Act – Bail Granted – The petitioners were arrested on allegations of being part of a gang involved in criminal activities – The prosecution alleged that a co-accused fired at a police officer, but no injury was sustained – No contraband was recovered from the petitioners – The petitioners ...
Criminal Law – Conviction for Murder and Robbery – Appeal by first accused against conviction under Sections 302 and 392 IPC – Evidence based on circumstantial facts – High Court assessed the sufficiency of circumstantial evidence – Appellant’s possession of victim’s stolen ornaments considered under Section 114 of the Indian Evidence Act – Prosecuti...
Criminal Procedure – Maintainability of Petition Under Section 482 Cr.P.C. for Registration of FIR – Petitioner sought registration of an FIR against judicial officers and advocates, alleging public property grabbing and corruption – Held: High Court should not entertain such petitions when alternate statutory remedies are available – The petitioner must first approach the ...
Criminal Law – Murder – Right of Private Defence – Reduction of Conviction to Section 304 Part II IPC – The accused, while in possession of agricultural land, inflicted multiple injuries on the complainant and the deceased when the latter attempted to assert possession – Held: Though the accused had a right to private defense, they exceeded the same by inflicting exce...
Criminal Law – Appeal against dismissal Perjury – Scope of Section 340 Cr.P.C. – Necessity of Clear Evidence – The appellant alleged that the first respondent made false statements regarding her pregnancy and financial transactions in multiple legal proceedings – Held: Contradictions in testimony or rival contentions do not automatically amount to perjury – Fals...
Quashing of Criminal Proceedings – Civil Dispute Given Criminal Color – Petitioner accused of failing to pay outstanding business dues of ₹5,93,760 despite repeated demands—Complainant alleged cheating and criminal breach of trust—Held: Business transaction disputes cannot be converted into criminal proceedings—There must be fraudulent or dishonest intention from in...
Criminal Law – Quashing - Cheating and Money Laundering – Ingredients Not Satisfied – The Applicants challenged the issuance of process under the PMLA and IPC, arguing that no criminal act was involved and the dispute arose solely due to delays in obtaining an Occupation Certificate (OC). The Court held that the contractual obligations between the parties were fulfilled, barring ...
Criminal Law – Quashing - Abetment of Suicide – Essential Ingredients – Mens Rea Required – Section 306 IPC – Proceedings Quashed – The applicants were accused of abetting the suicide of their elder brother due to their alleged refusal to repay a loan taken by the deceased – The FIR was lodged by the deceased’s brother-in-law after a delay of several...
Preventive Detention – Procedural Safeguards – Compliance with KAAPA – The petitioner, wife of the detenu, challenged the detention order issued under Section 3(1) of KAAPA on the ground that legible copies of relied-upon documents were not furnished to the detenu – The detaining authority argued that all documents were duly provided – The Court, upon verifying the or...