Bail Application – Prolonged Custody – Delay in Trial – Bail Granted – The Applicant sought release on bail in a murder conspiracy case, citing his custody since January 2020 and the slow progress of the trial, with over 70 witnesses yet to be examined. The trial was proceeding slowly due to limited availability of the Sessions Judge and the complexity of the case – H...
Criminal Law – Conviction Based on DNA Evidence – Chain of Custody Compromised – The Appellant challenged his conviction for sexual offences under the POCSO Act and IPC, arguing that the DNA evidence used to convict him was unreliable due to improper handling of samples and a failure to maintain the chain of custody – The prosecution's case relied heavily on DNA reports...
Criminal Law – Appeal Against Acquittal – Acquittal Upheld – Sections 406, 420, 411, and 120-B IPC – The State appealed against the acquittal of the accused, who were charged with misappropriation of cement bags supplied for government construction work – The Trial Court convicted the accused, but the Appellate Court acquitted them, holding that the prosecution had no...
Criminal Law - Quashing of Proceedings – Section 188 IPC – Absence of Written Complaint by Public Servant – Proceedings Quashed - The petitioners were charged under Section 188 IPC for allegedly obstructing a police officer’s duty. The Court held that cognizance under Section 188 IPC requires a written complaint from the public servant as per Section 195(1)(a) CrPC. Since n...
Motor Accident Claim – Compensation Award under Section 163-A – Appellant Insurance Company contended that the Tribunal incorrectly applied the amended Section 164, which came into effect after the date of the accident – Court observed that the amended provision was applied erroneously, but the compensation amount under Sections 163-A and 164 remains the same – The award am...
Criminal Law – Murder Conviction – Appellant, Mauje Lal Sahani, convicted for the murder of Munna Singh (deceased) inside Motihari central jail – Trial court sentenced him to life imprisonment for offenses under Sections 302/34 IPC, 307/34 IPC, Section 27 of the Arms Act, and Sections 3 and 4 of the Explosive Substances Act – Conviction challenged on grounds of inconsistent...
Criminal Law – Murder – Conviction Upheld - Dying Declaration – Admissibility and Evidentiary Value – The conviction was primarily based on the dying declaration of the deceased, Munish Kumar, implicating the appellant for stabbing him. The appellant questioned the reliability of the dying declaration on the grounds that the doctor who declared the deceased fit to make a st...
Criminal Law – Abetment to Suicide – Acquittal – Alleged dowry harassment leading to suicide of the respondent’s wife – Trial court acquitted the respondent due to failure of prosecution to establish guilt beyond reasonable doubt – High Court upheld the acquittal, emphasizing the lack of credible and direct evidence, inconsistencies in witness testimonies, and a...
Criminal Law - Acquittal for Murder - Government Appeal against trial court’s judgment acquitting accused of murder charges under Section 302/34 IPC - Trial court convicted accused for causing simple injuries under Section 323/34 IPC - Prosecution alleged that accused snatched a one-year-old child from her mother's lap and threw her on the ground, leading to her death - Post-mortem repor...
Criminal Law – Acquittal in Murder Case – Section 302 IPC – Appeal Against Acquittal Allowed – The trial court acquitted the accused based on alibi and lack of motive, finding the prosecution's evidence insufficient – The High Court, upon re-evaluating the testimonies and the material evidence, including the recovery of the weapon, held that the trial court erred ...