Criminal Law – Murder – Circumstantial Evidence – Conviction Upheld – Appellant convicted by Trial Court under Section 302 read with Section 149 IPC for the murder of four members of the family of deceased Rajesh Shukla on the night of 18/20.07.2002, the accused group having administered calmpose injections and thereafter causing fatal stab injuries – Trial Court sent...
Criminal Law - Dowry Death – Cruelty – Section 304-B, 498-A IPC – Acquittal – Suicide of wife – Husband and in-laws charged of continuous torture and harassment on demands of dowry – Trial court acquitted accused under Section 304-B IPC for absence of dowry demand but convicted under Section 498-A IPC and Section 4 of the Dowry Prohibition Act relying on oral te...
Mass Violence – Unlawful Assembly – Murder – Sections 302/149, 436/149, 147, 148, 323, 324 and 379 IPC – Conviction Upheld – A mob of approximately 58 persons, motivated by long-standing village rivalry, surrounded and set ablaze the residential house of Chandra Shekhar Choudhary on the festival of Holi – Five persons, namely Mahanth Indradeo Jyoti, Braj Bhushan...
Criminal Law - Murder - Indian Penal Code 1860 - Section 302 - Sentence modification - Appellant convicted for murder and sentenced to life imprisonment by Trial Court - High Court confirmed conviction based on consistent testimony of eye witnesses PW-1 PW-2 and PW-5 corroborated by medical evidence and discovery of weapon - Supreme Court declined to disturb concurrent findings on conviction - App...
Anticipatory Bail – Cancellation – Economic Offence – Financial Fraud – Property Transaction – Appellant-complainant entered into an agreement to sell dated 08.01.2024 for a residential property at Rs. 4,30,00,000/-, paying Rs. 3,55,00,000/- in instalments – Respondent No. 2 and her son, despite receiving substantial consideration, executed a sale deed dated 24....
Negotiable Instruments Act – Section 141 – Vicarious Liability – Office Bearers of Society – Quashing – Appellant finance company advanced Rs. 4,50,00,000/- to M/s Ravindra Bharathi Educational Society in tranches during July 2018 – Promissory notes and MoU executed acknowledging liability at 30% per annum interest – Cheque No. 003109 dated 18.11.2019 for ...
Criminal Law - Quashing of FIR - Civil Dispute - Abuse of Process - FIR registered after nine years regarding land dispute pending before civil courts - Complainant suppressed earlier complaint and introduced material improvements including allegations of extortion - Held - Criminal process cannot be permitted to become a weapon of harassment in disputes concerning title over immovable property - ...
Criminal Law - Further Investigation - Code of Criminal Procedure 1973 - Section 173(8) - Magistrate Permission - Appellants challenged the continuation of criminal proceedings where investigation was initiated for a third time after two previous closure reports had categorized the dispute as civil - The High Court declined to quash the case pending before the Metropolitan Magistrate - Supreme Cou...
Criminal Law - Abkari Act - Sections 8(1) and 8(2) - Possession of illicit arrack - Conviction for possession of 4 litres of arrack - Revision petitioner caught red-handed - Inventory of residue prepared but lacked Magistrate certification - Held - Strict compliance with procedural safeguards is mandatory - Failure to produce residue before court or provide evidence of its lawful destruction throu...
Rape – Conviction – Acquittal – Appreciation of Evidence – Appellant Badullah and co-accused Tosif (since deceased) were convicted under Section 376 IPC and sentenced to seven years' rigorous imprisonment for alleged gang rape upon the victim in an orchard – FIR registered two days after the incident under Sections 354, 394 and 506 IPC contained no allegation of r...