Murder – Conspiracy and Common Intention – Section 302 read with 120B IPC – Conviction Affirmed – The appellants were convicted for the murder of the deceased, Ramchandra Jha, based on the testimonies of eyewitnesses (P.W.-1 and P.W.-6), who identified the appellants as the perpetrators – The court upheld the conviction, noting the clear role each appellant played in ...
Criminal Law – Murder Conviction – Partial Acquittal – Two separate criminal appeals were heard together – Appellants accused of killing two victims, Brij Bihari Prasad, a legislator, and his bodyguard, at IGIMS hospital, Patna – Trial court had convicted the appellants for offences under Sections 302 and 307 IPC – High Court acquitted several accused, finding i...
Criminal Conspiracy – Section 120B IPC – Insufficient Proof of Conspiracy – The trial court convicted the appellants under Section 120B IPC for criminal conspiracy to wage war against the Government of India – The High Court set aside the conviction, holding that the prosecution failed to establish sufficient independent evidence proving a conspiracy beyond the accused'...
Criminal Law – Conviction under POCSO Act – The appellant was convicted under Section 7/8 of the POCSO Act for pressing the chest of a minor girl with sexual intent – Appellant contended that the prosecution’s case was based on contradictory evidence and the child’s testimony lacked corroboration – Held: The prosecutrix’s testimony, corroborated by her par...
Criminal Law – Conviction for Attempt to Murder – The appellants were convicted under Sections 307/149 IPC for assaulting the complainant, causing the amputation of his right hand palm – Appellants argued that the injury was not fatal and was caused by a single blow to a non-vital part of the body – Held: The court reduced the conviction from Section 307 to Section 326 IPC,...
Criminal Law – Bail – Section 439 Cr.P.C. – Petitioner sought regular bail for being falsely implicated in the offense of possessing stolen mobile phones – Prosecution alleged that the petitioner was caught near an electricity pole with stolen mobile phones based on a secret informer’s tip – Held: The petitioner has been in custody for over 4 months, and no furt...
Bail Application – Non-compliance with Section 50 of the NDPS Act – Denial of Bail - Petitioner sought bail on grounds of non-compliance with Section 50 of the NDPS Act, claiming he was not informed of his right to be searched in the presence of a Gazetted Officer or Magistrate – Held: The petitioner was served with a notice informing him of his right, and he explicitly refused t...
Criminal Law – Unlawful Assembly – Murder Conviction – Appellants were convicted under Sections 147, 148, 302 read with Section 149 IPC for their involvement in the unlawful assembly that caused the death of Bisu @ Biswanath – Prosecution witnesses (P.W.1, P.W.2, P.W.9) gave inconsistent testimonies about the specific role of the appellants in the attack – Held: Convi...
Criminal Law – Attempt to Rape – Acquittal – Appellant was convicted for attempting to rape the prosecutrix (PW-1) and sentenced to 10 years R.I. by the trial court – On appeal, the High Court found contradictions regarding the date of the incident, with different dates (18th, 20th, and 21st June 2022) mentioned in the prosecutrix’s statement, FIR, and MLC – FIR...
Rash and Negligent Driving – Sudden Road Crossing by Child – Acquittal Upheld – The respondent was charged with causing the death of a child by driving rashly and negligently. The trial court acquitted the respondent, concluding that the accident was caused when the child suddenly ran into the road, and the driver could not prevent it. – Held: The trial court's view tha...