Criminal Law - Double Murder – Conviction Upheld Under Section 302 IPC – Bhupinder Singh convicted for the murder of his mother-in-law and brother-in-law using a licensed revolver – Eye witness testimony corroborated by ballistic evidence and post-mortem reports – Court upheld conviction, citing unimpeachable evidence and absence of procedural lapses [Paras 40-45, 50].
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Bail – Mental Illness – Schizophrenia – Granted – Application for bail by the accused charged under Sections 302/201 IPC for the murder of her three-month-old son – Medical reports confirmed the applicant suffers from schizophrenia – Court considered that the accused is a woman, sick, and infirm under Section 437 CrPC – Observed: Keeping the accused in cus...
Parole – Premature Release Pending Governor’s Decision – Granted – Petitioner, serving life imprisonment, sought release on parole pending the Governor’s decision on premature release – Court relied on Rashidul Jafar @ Chota vs. State of Uttar Pradesh, where premature release policies were deemed applicable without arbitrary delays – Held: Parole granted f...
Murder Trial – Circumstantial Evidence – Last-Seen Theory – Conviction Upheld – The appellant was convicted for murdering his wife, based on circumstantial evidence, including a history of domestic abuse, motive established by dowry demands, and the last-seen theory. The appellant was last seen with the deceased before her death, and no plausible explanation for her fatal i...
Constitution of SIT – High Court Order Modified – Investigation Entrusted to SIT of IPS Officers from Tamil Nadu Cadre - High Court directed the CBI to investigate FIR No. 33/2024 registered at All Women Police Station, Anna Nagar, Chennai – Supreme Court modified the order, constituting a SIT of three IPS officers belonging to Tamil Nadu cadre but hailing from other states &ndas...
Prolonged Detention – Section 479 of BNSS, 2023 – Identification of Eligible Undertrial Prisoners – Guidelines Issued - Section 479 of BNSS provides for the release of undertrial prisoners based on the duration of detention relative to the maximum imprisonment for the offense – Court emphasized accurate and continuous identification of eligible prisoners, requiring active c...
Money Laundering – Bail – Parity with Co-Accused – Petitioner sought bail on grounds of parity with co-accused who was released on bail – Held: Petitioner is entitled to bail as investigation is complete, prolonged incarceration without trial violates Article 21, and co-accused in similar circumstances has already been released [Paras 1, 6, 27-29].
Economic Off...
Domestic Violence – Protection Orders – The petitioner, Maharaj Kumari Vishnupriya, challenged the Additional District Judge's order denying protection orders under the DV Act – Petitioner claimed continuous residence in the ancestral home and economic abuse by the respondent, her sibling, post the demise of their father – High Court reviewed the definitions and applica...
Locus Standi in Criminal Appeals – Third-party intervention – The appellant, M.R. Ajayan, sought to challenge the quashing of proceedings in a criminal case involving allegations of tampering with evidence in judicial custody – Supreme Court held that locus of a socially spirited individual is permissible under Article 136 of the Constitution in cases concerning interference with...
Juvenile Justice – Trial as Adult – Validity of JJB Assessment - Appellant, 17 years and 9 months old, tried as an adult under Section 15 of the Juvenile Justice Act – JJB’s decision based on mental and physical capacity, heinous nature of the offense, and prior involvement in other crimes upheld – Court held due procedure followed, and absence of psychological evalua...