Attempt to Murder – Reduction of Sentence – Appellant convicted under Section 307 IPC for attempting to murder the complainant by assaulting with an axe – Conviction under Sections 504 and 506-II IPC also imposed – Court finds lack of intention to kill; injury caused not sufficient to cause death in the ordinary course of nature – Conviction under Section 307 reduced ...
Criminal Procedure – Preliminary Enquiry – Section 340 Cr.P.C. – Requirement for Enquiry – Petitioner argued that court should have conducted a preliminary enquiry before ordering prosecution under Sections 340 & 344 Cr.P.C. – Court held that preliminary enquiry is not mandatory if the court can form a prima facie opinion – Petition dismissed [Paras 4-39].
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Criminal Law – Conviction Under Common Intention – Appellants convicted for offences under Sections 302/149 IPC – Court finds material contradictions in eyewitness testimonies – Appellants not proven to have individually caused fatal injuries – Conviction under Section 302/149 IPC set aside, convictions under Sections 147, 323, 325/149 IPC maintained [Paras 1-18].
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Criminal Law – Acquittal and Probation – Accused-respondents acquitted of serious charges under Sections 308/34, 325, 324, 323 IPC – Convicted under Sections 325/34, 324/34, 323/34, 341 IPC – Trial court extended benefit of Section 4 of Probation of Offenders Act – Petitioner challenges acquittal and probation [Paras 1-2].
Evaluation of Evidence – T...
Criminal Law – Conviction for Murder – Appellant convicted under Sections 302, 436, 447 IPC and Section 3/27 of the Arms Act – Trial court relied on eyewitness testimony, medical evidence, and motive – High Court re-examines evidence and finds significant discrepancies, lack of corroboration, and unreliable eyewitness accounts – Conviction quashed, appellant acquitted...
Criminal Law – Quashing of FIR under Sections 354, 354A, 323, 509 of IPC – Allegations of sexual harassment by Respondent No.2 against Petitioner – FIR filed after dismissal of complaint by the Internal Complaints Committee (ICC) under POSH Act – High Court quashed the FIR on grounds that the intimate and consensual relationship between the parties was established, renderin...
Quashing of Criminal Proceedings – Absence of Ingredients for Offenses under Sections 406 and 420 IPC – Petitioner sought quashing of proceedings, claiming no prima facie evidence of involvement in alleged offenses – The complainant failed to establish any link between the petitioner and the alleged fraudulent acts; the petitioner was not part of the accused company nor issued th...
Criminal Law – Common Object and Intention – The appellants were convicted for rioting and causing grievous injuries to police officers. The High Court affirmed that the assembly of appellants, initially lawful, became unlawful when they attacked the police. The testimonies of injured police officers were deemed credible and sufficient for conviction. The Court underscored that for Sec...
Criminal Law – Anticipatory Bail – Health Condition – Petitioner, a 75-year-old woman with advanced carcinoma, sought anticipatory bail. The Court considered her critical health condition and allowed her to join the investigation through video conferencing instead of traveling from the USA to Amritsar, Punjab [Paras 1-6].
Custodial Interrogation – Not Required – Co...
Criminal Law – Conviction Reversed: Appeal challenges the conviction and sentence imposed by the Sessions Court based on conflicting dying declarations of the deceased. High Court observed material contradictions between the two declarations, leading to acquittal due to lack of reliable and consistent evidence [Paras 14-25].
Dying Declarations – Inconsistencies: Two dying declaratio...