Circumstantial Evidence and Presence at Crime Scene – Murder of Amrik Kaur by poisoning – Appellant Darshan Singh convicted under Section 302 read with Section 34 IPC – Prosecution based on circumstantial evidence, particularly the presence of appellant at the scene – Evidence of appellant's presence and opportunity to commit the crime critical in the case. [Paras 1-5, ...
Detention Order Validity - Detention under Section 3 of COFEPOSA Act following arrest due to possession of gold and foreign currencies - Detention order challenged by brother-in-law of detenue on grounds of improper service of detention grounds and denial of right to representation - High Court of Calcutta upheld the detention order. [Paras 2-5]
Detenue's Refusal to Receive Grounds - Detenu...
Criminal Appeal – Acquittal in Abetment to Suicide and Cruelty Case – Appeal against conviction for offenses under Sections 306/34 and 498A IPC – Appellant acquitted due to lack of direct evidence and failure to prove cruelty as defined in Section 498A IPC. Inconsistencies in prosecution witnesses and evidence led to reasonable doubt. [Para 1-12, 14-15, 17-20, 22-24, 26-30]
Ma...
Criminal Law – Murder vs. Grievous Hurt – IPC Sections 302 and 326 – Conviction converted by High Court – Deceased died due to head injury after six days – Head injury considered fatal and on a vital part of the body – Mere absence of fracture not sufficient to downgrade conviction – High Court’s conversion of conviction to Section 326 IPC erroneous ...
Criminal Procedure – Complaint under Section 200 of CrPC – Dismissal of Complaint – The Supreme Court analyzed the validity of the dismissal of a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) in a dispute involving land and allegations of trespass and threats by officers of the Special Armed Forces (SAF). [Para 1-4, 11-12]
Criminal ...
Criminal Law – Bail – Cancellation – Circumstantial Evidence – Seriousness of Offense – High Court's order granting bail without considering material evidence and gravity of the offense erroneous – Accused conspired with others to murder his wife for insurance money – Evidence shows call records and monetary motives – Bail granted on weak grounds...
Criminal Law – Rape and Murder – Appellant convicted for the rape and murder of an 11-year-old girl – Trial court awarded the death penalty, which was upheld by the High Court – Supreme Court partly allowed the appeal, commuting the death sentence to life imprisonment for a period of 30 years without remission – Emphasized the need to consider the possibility of rehab...
Factual Allegations – Alleged house trespass and looting by appellants (husband and wife), resulting in FIR under Sections 448, 454, and 380 IPC. Accusations involve locking a tenant's shop, looting various items including wheat, sale money, and a two-wheeler. [Para 3]
Appellants' Submissions – Challenging FIR’s legitimacy, asserting property ownership, and highlightin...
Applications before the Judicial Magistrate seeking a Hindi translation of the charge sheet - rejected the applications - respondents were educated and could understand English - High Court held that the respondents were entitled to a translation of the charge sheet into Hindi, the official language of the State's Criminal Courts. [Para 2-5, Pages 1-3]
Language of Charge Sheet - there is no...
Writ Petition under Article 32 – Petitioner serving life sentence seeks premature release after 24 years of actual imprisonment without remission or parole – Writ petition filed under Article 32 of the Indian Constitution. Conviction Background – Petitioner convicted for triple murder, including two police personnel – Conviction affirmed by High Court in 2005 – Applic...