Criminal Law – Conviction for Murder – Appellants convicted under Sections 302/34 and 120B IPC for the murder of Braj Kishore Nath Tiwari – Prosecution relied on the motive as the primary basis for conviction – No eyewitnesses or direct evidence linking appellants to the crime – Appellants acquitted due to lack of corroborative evidence beyond motive [Paras 1-20].
...
Bail in NDPS Cases – Stringent Conditions of Section 37 NDPS Act – Bail Denied - Petitioner sought bail for possession of commercial quantity (28 injections of Buprenorphine) – Court held that the twin conditions of Section 37 NDPS Act were not satisfied as the petitioner failed to demonstrate reasonable grounds for innocence or assurance against re-offending – Mere argumen...
Criminal Law – Quashing of FIR – Section 482 CrPC – FIR alleging rape under Section 376(2)(n) and criminal intimidation under Section 506 IPC – High Court refused to quash FIR citing lack of consent by the complainant – Supreme Court holds FIR and statements do not substantiate essential ingredients of offences under Sections 376(2)(n) and 506 IPC – Relationship...
Criminal Law – Conviction for Murder – Section 302 IPC – Altered to Section 304 Part I IPC – Appellant convicted of murder for assaulting the deceased with a bamboo stick – Supreme Court found no evidence of premeditation or motive to commit murder – Assault occurred in a sudden quarrel during a heated moment – Conviction altered to culpable homicide not a...
Criminal Law – Murder – Evidence of Hostile Witnesses – Conviction Upheld – Appellants were convicted for murdering Chand Masih in daylight following a conspiracy – Prosecution witnesses turned hostile during the trial – Court relied on their earlier corroborated statements and medical evidence – Held: Testimonies of hostile witnesses can be partially reli...
Criminal Law – Rash and Negligent Driving – Conviction under Sections 279 and 338 IPC – Upheld – Petitioner, a bus driver, was accused of causing severe injuries to a pedestrian by driving rashly and negligently at a high speed near Manali Bus Stand – Injured victim’s leg was amputated, corroborating the injury caused by the petitioner’s driving – Tr...
Demolition of Properties – Arbitrary Action – Violation of Rule of Law - Writ petitions filed under Article 32 challenge demolition of residential and commercial properties of persons accused in criminal cases without adherence to due process – Court finds such demolitions to be violative of the principles of rule of law and separation of powers – Executive cannot impose pe...
Criminal Law - Jurisdiction – Cognizance by Sessions Court – Section 193 of Cr.P.C. – Cognizance cannot be taken by the Sessions Court until a case is committed to it – The trial court added the applicants to the array of accused while considering a bail application before the committal of the case – Held: The court acted without jurisdiction in registering and decidi...
Criminal Law - Revision against charges - Abetment of Suicide – Ingredients under Section 306 IPC – Charge Maintained – Petitioner challenged the framing of charges under Section 306 IPC, arguing insufficient evidence of instigation – Court held that circumstantial evidence, including the death note and witness statements, created a grave suspicion justifying the fram...
Criminal Law – Bail – Rejection of Bail Application – Appellant, a Senior Inspector of Police, accused of conspiracy and complicity in the murder of Mansukh Hiran and related offences – Charged under IPC Sections 120B, 201, 302, and 364, as well as Sections 16, 18, and 20 of the UAPA – Prosecution alleged involvement in a conspiracy to plant explosives and subsequent ...