Criminal Law – Murder and Robbery – Appeal Against Conviction - Circumstantial Evidence and Last Seen Theory – Conviction Confirmed - Appellants convicted under Sections 302 and 392 IPC for murdering their employer and robbing his belongings – Prosecution relied on 'last seen together' evidence, mobile phone data, recovery of gold chain from jeweler, and blood-stain...
Anticipatory Bail – Allegation of Abetment to Suicide – Grant of Interim Protection – Bail Granted - Petitioners (wife and son of deceased) sought anticipatory bail under Section 438 CrPC in FIR No. 431/2024 under Sections 306/34 IPC – Allegations included harassment of deceased and forced consumption of poison – Petitioners contended deceased had psychiatric illnesse...
Criminal Law – Murder – Appeal Against Acquittal - Last Seen Evidence – Incomplete Chain – Circumstantial Weakness – Acquittal Upheld - The appellant-State challenged the acquittal of the accused on the basis of last seen evidence supported by PW-3 and PW-5 – Held: The last seen circumstance did not conclusively establish the presence of the accused with the dec...
Criminal Law – Murder – Appeal Against Conviction - Eyewitness Credibility – Testimony of Relatives – Caution Required - Conviction Based Solely on Eyewitnesses Set Aside - The prosecution relied mainly on two eyewitnesses (PW11 and PW12), both children of the deceased – PW11 admitted to being tutored by police, while PW12’s presence at the scene and injury clai...
Criminal Law - Criminal Misappropriation – Forgery – Bitumen Supply Scam – Conviction Upheld – Appellant, proprietor of M/s Cosmo Transport, found guilty of misappropriating bulk bitumen meant for Saharsa Division using forged supply orders and CRCs – Approver (PW-5) testified that documents were forged under appellant’s instructions – Evidence established...
Criminal Law - Gang Rape – Conviction Based on Sole Testimony of Prosecutrix – Upheld – Appellant convicted for abducting and sexually assaulting prosecutrix along with co-accused – Supreme Court upheld finding of guilt under Sections 366, 376(2)(g), and 342 IPC – Held: Prosecutrix’s consistent and credible testimony requires no corroboration; minor inconsistenc...
Criminal Law - Suspension of Sentence – Requirement of Reasoned Order – Suspension Set Aside – High Court suspended sentence of respondents convicted under Sections 302/149 IPC without assigning reasons – Held: As per Section 389(1) CrPC and Supreme Court precedent, appellate courts must record reasons while suspending sentence in serious offences – Orders passed with...
Criminal Law – Murder – Conspiracy – Appeal against acquittal – Deceased, an office bearer of JDU party, murdered by accused persons due to political rivalry – Prosecution alleged conspiracy and participation of 10 accused persons – Trial court acquitted all accused – High Court, upon appeal by State and de facto complainant, found that evidence of injured...
Criminal Law - Sanction for Prosecution – Cognizance under Section 120-B IPC in Absence of PC Act Sanction – Cognizance Set Aside – Petitioner, a public servant, was summoned for conspiracy to commit offence under Section 7 of the PC Act despite competent authority declining sanction under Section 19 – Court held that where the object of the alleged conspiracy is an offence...
Criminal Law – Murder – Appeal Against Conviction – Circumstantial Evidence – Last Seen Theory and Recovery of Bloodstained Articles – Conviction Set Aside - Appellant was convicted for murder of his foster daughter based solely on circumstantial evidence – Prosecution relied on last seen theory, recovery of bloodstained pant, and alleged improper motive &...