Criminal Law – Challenge Summoning under Section 319 CrPC – Duty to Consider Entire Evidence – Supplementary Report Ignored – Trial Court erred in not considering supplementary investigation report which exonerated the appellant and her father-in-law – Material collected post-application under Section 319 CrPC cannot be overlooked – Trial Court and High Court fa...
Criminal Law – Copyright Infringement – Expert Report – Appellant alleged that respondents copied the design of its bookbinding machine, leading to registration of FIR under Copyright Act, IPC, and IT Act – High Court initially ordered expert opinion by FSL with involvement of an engineer – FSL and IO submitted a report dated 21.03.2019 – Respondents dissatisfie...
Criminal Law - Attempt to Murder – Appeal against conviction - Firing in Open Court – Conviction Upheld – Heinous Act – Appellant, present in courtroom during cross murder trial, fired from close range at PW2 Ram Bharose Lal with country-made pistol – Court held act was intentional and premeditated, backed by enmity – Held: Appellant rightly convicted under Sect...
Criminal Law – Appeal against conviction - Delay in Lodging FIR – Unexplained Delay – Benefit of Doubt - There was unexplained delay between the time of the incident and the lodging of the FIR by the complainant, despite police presence at the scene – The Court held that the delayed filing cast doubt on the veracity of the prosecution case [Paras 12-13, 18].
Contradictio...
Criminal Law - Unlawful Assembly – Mere Presence at Scene – Reversal of Acquittal Set Aside – Accused Appellants Not Proven to Be Part of Mob – The appellants were named in the FIR and arrested at the spot during a riot involving over 1000 people – The High Court reversed their acquittal based solely on presence at the crime scene – Held: Mere presence, without ...
Criminal Law - Murder – Alteration of Conviction – Sudden Fight Without Premeditation – Conviction Altered to Section 304 Part I – The appellant was convicted under Section 302 IPC for assaulting the deceased with a stick while his co-accused used the blunt side of an axe – Held: The incident occurred in a sudden fight without premeditation, and the nature of weapons ...
Criminal Law – Quashing – FIR - Freedom of Speech – Social Media Post – No Incitement to Violence – The petitioner, a journalist, was charged under Sections 153A and 505 IPC based on a tweet analyzing Karnataka’s budget allocations for different religious communities – The tweet merely presented factual information derived from a public document (state bud...
Criminal Law – Murder – Circumstantial Evidence – Appeal against conviction – Appellant (A1) convicted by Trial Court under Sections 302, 201, 420, 380, and 120-B IPC for the alleged murder of the deceased, his employer and relative – Allegation of staging accident using a car to eliminate deceased due to business rivalry – High Court found major contradictions ...
Criminal Law – Murder – Appeal against conviction - Inconsistent Witness Testimony – Conviction Set Aside – Deceased Mohan Singh was allegedly attacked by five men – Trial Court convicted all; High Court acquitted one – Remaining four appellants challenged conviction – Supreme Court found key prosecution witnesses (family members) gave embellished versions...
Criminal Proceedings – Cross FIRs between Advocates – Quashing in Interest of Justice – Incident arose from personal animosity between two lawyers – First FIR registered by appellant alleged physical assault; second FIR by respondent alleged abuse and threats – Supreme Court held both FIRs stemmed from same transaction and prolonged animosity – Quashed both FIRs...