Criminal Law – Murder Conviction – Intentional Killing – Appellant convicted under Section 302 IPC for killing the deceased with an axe – Prosecution’s case was based on the eyewitness testimonies of P.W.1 (wife of the deceased) and P.W.2 (son of the deceased) – Held: The appellant, after an initial altercation, went to his house, returned with an axe, and infli...
Criminal Law - Confiscation of Vehicle – Lack of Hearing Opportunity – The petitioner, the owner of the confiscated vehicle, challenged the SDM's confiscation order, asserting that he was not granted a reasonable opportunity to be heard, as required by Section 17(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 – Held: The SDM failed to comply with the statut...
Criminal Law – Quashing of FIR – Allegations of Rape – Petitioners sought quashment of the FIR and charge sheet on the grounds that the prosecutrix is a consenting adult and the case has been amicably settled – Held: Offenses under Section 376 IPC (rape) are serious in nature and cannot be quashed on the basis of compromise, as they have a profound impact on society –...
Discharge Petition – Prima Facie Case – Sections 420 and 120B IPC – Charges Framed – The petitioners sought discharge from charges relating to financial irregularities and fraudulent loan disbursals under criminal conspiracy. The court held that prima facie evidence showed the petitioners' involvement as members of the Gram Sewa Sehkari Sabha Samiti. – Held: The t...
Criminal Law - Further Investigation – Scope of Section 173(8) Cr.P.C. – High Court’s Jurisdiction to Direct Further Investigation Post-Trial – Application of Legal Principles – The Supreme Court examined whether the High Court's direction for further investigation was legally justified, especially after the trial court had already rejected an application for summ...
Criminal Law - Cruelty and Abetment of Suicide – Section 498A and 306 IPC – Conviction Set-aside - The appellants were convicted of harassing the deceased (Amrita Hazra) and abetting her suicide by administering poison – Held: The sister-in-law and her husband (appellants in CRA No. 17 of 2023) were visitors to the matrimonial home with no proven role in the alleged cruelty...
Criminal Law - Section 210 CrPC – Clubbing of Complaint and Police Case – The petitioners sought quashing of orders, arguing that Section 210 CrPC mandates the clubbing of a complaint case with a police report where both pertain to the same offence – Held: Section 210 CrPC requires the Magistrate to stay the complaint proceedings when an FIR has been registered regarding the same...
Criminal Law – Prevention of Corruption Act – Demand and Acceptance of Illegal Gratification – The appellant, State of Gujarat, challenged the acquittal of the respondent, a Clerk in the SRP Group, who was accused of demanding and accepting ₹200 for fixing the pay and leave salary of the complainant – The trial court acquitted the respondent on the grounds of insufficient...
Criminal Law – Custodial Death – Acquittal – Appellants, police officials, convicted for custodial torture and death of one Shama @ Kalya while in illegal detention – Trial Court convicted appellants under Sections 304 Part II, 330, 331, 348, 387, and 201 IPC, and sentenced to varying terms of imprisonment – High Court upheld convictions except under Section 201 IPC r...
Criminal Law – Conviction Based on Circumstantial Evidence – Appeal Allowed – Appellant, Raj Kumari, challenged her conviction for murder and robbery, arguing that the prosecution's case relied entirely on circumstantial evidence, which failed to establish an unbroken chain of events leading to her guilt – Held: The prosecution failed to prove the 'last seen' th...