Criminal Law – Murder - Section 302, 308, 325, 323 of the IPC - Standard of Proof – Conviction Set Aside – Section 302 IPC – Death Sentence Reversed – The Court allowed the appeals against concurrent conviction and death sentence for murder of four family members including two minor children – Held that prosecution failed to prove the guilt of the appellant beyo...
Criminal Law - Murder – Conviction under Section 302 IPC – Conviction Upheld – Appeal arose from conviction of the appellant for triple murder of his parents and married sister – Multiple prosecution witnesses including relatives, neighbours, and medical personnel testified to extra-judicial confessions made by the appellant – Post-mortem findings corroborated the con...
Criminal Law - Quashing of Proceedings – Power under Section 482 CrPC – Limited Scope – Petition to quash entire proceedings arising from personal relationship alleging offences under IPC, IT Act, and SC/ST Act – Court reiterates settled principle that power to quash should be sparingly exercised – Held: Except for offence of stalking under Section 354-D IPC, allegati...
Anticipatory Bail – Maintainability under NDPS Act – Rigour of Section 37 Applicable – Applicant sought anticipatory bail in connection with offences under Sections 8(c), 21(b), 27, 29 of the NDPS Act – Prosecution objected to maintainability citing Supreme Court decisions emphasizing stringent conditions under Section 37 – Held: Anticipatory bail not maintainable whe...
Criminal Law - Section 319 CrPC – Power to Summon Additional Accused – FIR Naming but Non-Charge-Sheeting – Summoning Restored – The complainant’s appeal arose from the High Court quashing the Trial Court’s summoning of Respondent No.2 under Section 319 CrPC – The Supreme Court held that the Trial Court was correct in summoning Respondent No.2, whose prese...
Criminal Law - Sections 302, 376AB, 377, 201 of the of the IPC - Rape and Murder of Minor – Last Seen, Recovery of Dead Body, and DNA Evidence – Conviction Upheld – The appellant was convicted for the brutal rape, unnatural sexual assault, and murder of a 10-year-old girl – Conviction based on last seen evidence by child witnesses, recovery of deceased’s body from app...
Criminal Law - Murder – Section 302 of the IPC - Conviction Based on Ocular and Medical Evidence – Multiple Murders Committed Due to Suspicion of Infidelity – Conviction Upheld - The appellant was convicted of murdering five family members, including three minor children, his wife, and sister-in-law, with a chopper based on clear eyewitness testimonies, voluntary confession, and ...
Criminal Law – Cruelty under Section 498A IPC – Challenging The High Court's Reversal Of Discharge - Lack of Specific Allegations – FIR lodged by complainant-police officer alleged cruelty and dowry demands by husband and in-laws – Allegations against in-laws, including five sisters and a tailor, were vague and lacked specific incidents – No medical or docum...
Matrimonial Law – Enhancement of Permanent Alimony – Quantum of Maintenance – Alimony Enhanced - Appellant-wife challenged High Court’s fixation of permanent alimony at ₹20,000/month – Respondent-husband claimed net income of ₹1,64,039/month and remarriage obligations – Supreme Court found original amount inadequate considering past lifestyle and inflation &...
Criminal Law - Quashing of Criminal Proceedings – Sections 498A, 406, 323, 34 IPC – Divorce Proceedings Pending – Allegations Found Baseless – Criminal proceeding initiated by wife alleged to be retaliatory to the matrimonial suit filed by husband – FIR contains vague and evasive allegations without specific details regarding acts of cruelty or physical harm – N...