Murder – Criminal Liability – Conviction for Murder under Section 302/34 IPC – Life Imprisonment – The appellants were convicted for the murder of the deceased, who was assaulted with a knife – The primary appellant, Diplal Rai, was found guilty beyond reasonable doubt based on consistent eyewitness accounts from the deceased’s daughters (P.W.-3 and P.W.-5) &nda...
Criminal Law – Conviction Reversal – Acquittal – The appellants were convicted by the High Court for abduction and murder under Sections 364/34 and 302/34 IPC – The Supreme Court reversed this conviction, holding that the High Court erred in overturning the Trial Court's acquittal of two accused (A-6, A-7) – The High Court’s decision lacked proper reasoning ...
Criminal Law - Grievous Hurt – Use of Sharp Weapon – Conviction Upheld – The petitioners were convicted for causing grievous hurt under Section 326 IPC using pick-axes, which inflicted bone-deep injuries – The trial court acquitted the accused based on suspicions around medical evidence, but the appellate court reversed the acquittal – Held: The appellate court correc...
Criminal Law – Possession and Use of Counterfeit Currency – The appellant was convicted under Sections 489B and 489C of IPC for allegedly handing over counterfeit currency notes to the second accused, who then used them to pay for bricks purchased from PW1 – Appellant contended that there was no evidence linking him directly to the possession or transfer of counterfeit notes &nda...
Criminal Law – Conviction for Murder – Appellant convicted under Section 302 IPC for killing his mother-in-law during a quarrel related to his wife's pregnancy – Defense argued that the attack was a result of sudden provocation and there was no premeditation – Court reclassified the offense as culpable homicide not amounting to murder under Section 304 Part I IPC, notin...
Rape – Conviction and Sentence – Section 376 IPC – Appellant convicted and sentenced to 7 years R.I. – Conviction Upheld – Sentence Reduced – The prosecutrix’s testimony was consistent and supported by other witnesses – Minor discrepancies in the statements did not discredit the prosecution’s case – The absence of injuries on the prosecut...
Right to Fair Trial – Denial of Legal Assistance – Violation of Article 21 – Retrial Ordered – The appellant contended that he was deprived of the right to legal assistance during the trial as his counsel did not appear, and he was asked to cross-examine the witnesses himself, despite his lack of legal expertise. The Court found that the trial was not conducted fairly, as t...
Condonation of Delay – Criminal Appeal – Section 21 of NIA Act – Appellant sought condonation of a delay of 186 days in filing the appeal against the rejection of bail – The delay was attributed to the appellant's financial inability to engage counsel in time – Held: Relying on judicial precedents, the right to appeal is fundamental to personal liberty under Artic...
Vicarious Liability – Section 141 of the NI Act – Quashing of Proceedings – Petition Allowed – The petitioners, wives of the directors of M/s RBT Pvt. Ltd., were summoned for the dishonour of cheques issued by the company. They sought quashing of the complaint on the grounds that they were merely described as managers without any specific averments of their role in the busi...
Negligence – Bank Liability – Cheque Forgery – The first appellate court found the bank negligent for clearing cheques with forged signatures of the plaintiff's Managing Director without proper verification – The trial court dismissed the suit for insufficient evidence, but the appellate court reversed this, holding the bank responsible for negligence in comparing the s...