Criminal Law – Separation of Trials – Common Verdict for Separated Sessions Cases – Impermissibility – Appellants convicted under Sections 148, 302, 324, 323 IPC read with Section 149 IPC, Section 201 IPC, and Section 27 Arms Act – Separate Sessions trials titled State v. Davender and State v. Kartar Singh and Others impermissibly joined – Evidence recorded in o...
Discharge of Accused – Lack of Evidence – Section 227 of Cr.P.C. – The petitioners (Accused Nos. 9 & 10) sought discharge, claiming that the prosecution failed to establish sufficient evidence linking them to the crime – Held: The prosecution's case against Accused Nos. 9 & 10 was based solely on the statements of CW41 and CW42, who claimed to have seen the accu...
Criminal Procedure – Second Application for Pardon – Section 306 Cr.P.C. – Maintainable with Changed Circumstances – The Court held that a second application for pardon under Section 306 of the Cr.P.C. is maintainable only when there are changed circumstances – Here, A1 alleged threats to his life as a fresh circumstance for seeking pardon – Held: Second applica...
Dishonor of Cheque – Acquittal - Presumption Under Section 139 NI Act – Leave to Appeal Denied – The petitioner appealed an acquittal in a Section 138 NI Act case, asserting that the respondent issued a dishonored cheque to repay a loan. Held: Section 139 of the NI Act creates a presumption in favor of debt or liability. However, this presumption is rebuttable, and the accused ne...
Criminal Law – Premature release – Petition filed under Articles 226 and 227 of the Constitution challenging rejection of premature release by State – Petitioner convicted for murder under Section 302 IPC and had undergone 23 years of imprisonment with remission – Sentence Review Board recommended premature release, citing good conduct and family support – State rejec...
Criminal Law – Murder – Dying Declarations – Conviction based on multiple dying declarations – Deceased consistently stated that appellant poured kerosene on her, set her on fire, and threw her from the stairs – Conviction upheld – Dying declarations found credible and trustworthy [Paras 1-45].
Evidence Law – Dying Declaration – Section 32(1...
Criminal Law – Abetment to Suicide and Extortion – Petitioners accused of lending money at exorbitant interest rates, coercing the deceased to execute land agreements, and subjecting him to constant threats – Deceased committed suicide by consuming poison – FIRs lodged by deceased's wife after his death – Court held that prima facie ingredients of the alleged offe...
Anticipatory Bail – Suicide Inducement Allegations – Accused seeks anticipatory bail asserting no direct or indirect role in deceased’s suicide – Claims only demanded repayment of invested money – Court examines circumstances and legal principles governing anticipatory bail [Paras 1-3].
Judicial Discretion – Criteria for Bail – High Court considers abse...
Criminal Law – Successive Bail Application – Rejection of Bail Based on Lack of Change in Circumstances – The applicant sought bail under Section 439 of the Criminal Procedure Code, 1973, after the rejection of the earlier bail application by the High Court and its dismissal by the Supreme Court. The case involved charges under Sections 409, 420, 504, 506(2), and 120(B) of the In...
Negotiable Instruments Act – Section 138 – Conviction and sentence for dishonoured cheque – Petitioner issued cheque for Rs. 3,00,000/- which was dishonoured – Trial Court convicted petitioner, sentenced to three months’ imprisonment, and ordered compensation of Rs. 4,05,000/- – Conviction upheld by Additional Sessions Judge – Petitioner deposited compensa...