Criminal Law – Murder Conviction – Appellant challenged the High Court’s acquittal of respondents convicted by the trial court for murder – The High Court found inconsistencies in the dying declarations and a lack of corroborative evidence – The Supreme Court emphasized the principle of limited interference in appeals against acquittal unless there is patent illegalit...
Criminal Law – Conviction for Murder – The appellant, along with two others, was convicted for the murder of Rajinder alias Raju – Supreme Court found discrepancies in the prosecution’s case, including unreliable witness identification and lack of test identification parade – Conviction under Section 302 IPC and Section 25 of the Arms Act was overturned due to insuffi...
Criminal Law – Quashing of Proceedings – Appellants accused of purchasing property alleged to have been attached due to prior financial misconduct by co-accused – Main allegations against co-accused for misappropriation in 1998-1999 – Appellants bona fide purchasers in 2019, with no registered attachment at purchase time – No prima facie case established against appel...
Acquittal – Murder- Circumstantial Evidence – Reliance on Memorandum Under Section 27 of Evidence Act – Appeals challenging High Court’s judgment affirming convictions for murder and conspiracy – Conviction based on circumstantial evidence including memorandum statements under Section 27 of Evidence Act – Discovery of deceased’s body in pond at Bhatgaon an...
Murder – Conviction and Sentencing – Criminal Appeal against High Court Judgment Upholding Trial Court's Conviction – Appellants convicted under Section 302 IPC for murder and sentenced to life imprisonment – High Court also upheld conviction under Sections 324 and 326 IPC – Supreme Court found no merit in appeal, confirmed High Court's judgment, and dismissed...
Appeal Against Acquittal – Standard for Interference by Appellate Court – Held – High Court erred in reversing Trial Court's acquittal without proving that the verdict was perverse or the only conclusion from evidence was guilt – Standard for appellate interference not met, leading to restoration of Trial Court's acquittal. [Para 6, 10]
Assessment of Ev...
Criminal Procedure – Jurisdiction of Court-Martial vs. Criminal Courts – Concurrent jurisdiction exists for court-martial and ordinary criminal courts in cases involving army personnel charged with civil offences – Section 125 of the Army Act grants discretion to the designated officer to decide the trial forum – Designated officer's decision not to exercise this discre...
Criminal Law – Attempt to Murder – Conviction – Appellant convicted under Section 307/34 IPC and Section 27 Arms Act – No evidence establishing appellant fired a gun at police – Disparity in FSL report indicating no use of the gun seized from appellant – Conviction for attempt to murder and under Section 27 Arms Act set aside – Conviction under Section 25(...
Quashing of Criminal Proceedings – Defective Vehicle – Compensation in Lieu of Replacement – The High Court quashed the FIR against the respondents for alleged cheating in the sale of a defective BMW car, but directed the replacement of the vehicle with a new one. The Supreme Court, noting the prolonged nature of the dispute and the manufacturer’s compliance willingness, di...
Criminal Law – Conviction – Eyewitness Testimonies – Appellant convicted under Sections 148 and 302/149 IPC – Prosecution's case based on testimonies of PW-1 and PW-2 – Material contradictions and improvements in testimonies – Cross-examination revealed inconsistencies and doubts about presence at the scene – Conviction cannot be sustained on such doub...