Criminal Law - Murder vs. Culpable Homicide Not Amounting to Murder - Medical Evidence – Appellants/accused attacked deceased with blunt side of a sword and fisticuffs – Injuries on non-vital parts – Medical evidence indicated death due to pulmonary embolism, pneumonia, and kidney failure leading to cardio-pulmonary arrest – Injuries not sufficient to cause death in ordinar...
Criminal Law - Conviction for Murder - Direct Evidence vs. Motive – Appellant convicted for murdering his wife by inflicting injuries with a sharp-edged weapon – Appellant argued lack of motive – Court held motive insignificant in the presence of direct evidence – Conviction based on eyewitness testimony and forensic evidence upheld – Appellant’s contention rega...
Criminal Law - Non-joining of Independent Witnesses - Recovery of Arms - Appeal against conviction under Section 25 of the Arms Act - Conviction based on recovery of revolver and cartridges solely witnessed by police officials - Held, no efforts made to call independent witnesses from nearby areas despite availability - Case rendered doubtful due to non-joining of independent witnesses. [Paras 11]...
Criminal Law – Regular Bail – Petitioner in Custody – Criminal Miscellaneous Petition seeking regular bail under Section 439 Cr.P.C. – FIR registered under Sections 363, 366-A IPC, later including Sections 376, 506, 120-B IPC, and Section 4 of POCSO Act – Petitioner is mother of the main accused and not directly involved in sexual assault – In custody for over 1...
Criminal Law - Right of Private Defence - Indian Penal Code, 1860 - Section 100 - Right of private defence of the body extending to causing death - Appellant’s claim of using his double barrel gun in self-defence rejected due to lack of injury on appellant and evidence that deceased were on complainant’s land - Court held appellant to be the aggressor - Appellant’s theory conside...
Criminal Law - Probation for First-Time Offenders - Revision petition challenging the conviction, focusing on probation for a first-time offender. Petitioner nearly 50 years old, laborer with responsibilities, sought leniency. Held, the mandate of Section 360 Cr.P.C. and the Probation of Offenders Act emphasizes rehabilitation over punitive measures for non-heinous crimes. Petitioner released on p...
Criminal Law - Regular Bail - Disproportionate Assets and Benami Transactions - Section 439 Cr.P.C. - Held, granting regular bail in cases of disproportionate assets where most evidence is documentary - Petitioner, an ex-MLA, alleged to have acquired assets beyond known sources of income - Bail granted considering the completion of investigation and submission of documentary evidence to the prosec...
Criminal Law - Confiscation of Vehicles - Release on Superdari - Criminal petition challenging the jurisdiction of the Magistrate's order denying release of a vehicle under Section 451 Cr.P.C. The vehicle was used for illegal transport of cattle, confiscated under the Haryana GauvanshSanrakshan and Gausamvardhan Act, 2015. Held, the Court which made the confiscation order has no jurisdiction t...
Criminal Law - Acquittal and Sentence Modification - Appeal against convictions under multiple sections of IPC. Held, the appellant Rohit was not involved in the kidnapping or gang rape but had a voluntary affair with the prosecutrix. The prosecutrix's statements and lack of injuries supported this. Therefore, Rohit was acquitted on benefit of doubt. Further, the trial court's imposition o...
Criminal Law - Anticipatory Bail - Acquittal of Co-Accused - Petitioner absconding - Petitioner granted anticipatory bail with direction to surrender before the Magistrate - Held, other accused acquitted after proper trial, but petitioner fled to foreign land shortly after FIR was lodged - Statutory duty of Magistrate to ensure petitioner's presence through Indian Embassy at Qatar - Process im...