Criminal Law – Cruelty by Husband or Relatives – Section 498A IPC – Appeal against conviction – Trial court acquitted accused of dowry death under Section 304B IPC but convicted husband and mother-in-law under Section 498A IPC – Mother-in-law died during pendency of appeal – Appeal proceeded only against husband – Held: Ingredients of Section 498A not prov...
Criminal Procedure – Inherent Powers – Section 482 CrPC – Quashing of Summoning Order – Petition by parents-in-law – Challenge to order issuing summons for offences under Sections 323, 341, 498A, 307, 313, 506, 34 IPC and Sections 3/4 Dowry Prohibition Act – Held: Where complaint and statements disclose prima facie commission of offences with specific ...
Criminal Law – Murder – Appeal Against Acquittal – Victim’s Appeal and State Appeal – Prosecution alleged conspiracy and murder of deceased Jayaram by Accused Nos.1 to 4 using chopper and sickle – Trial Court acquitted accused for offences under Sections 302, 120-B, 450 read with Section 34 IPC – High Court reappreciated entire evidence – Held: No pe...
NDPS Act – Bail – Commercial Quantity – Rigours of Section 37 – Recovery of 960 capsules of Parivon Spas Plus containing Tramadol (480 grams) and 22.92 grams of heroin from vehicle driven by petitioner – Held that Tramadol recovered constitutes commercial quantity – Twin conditions under Section 37 NDPS Act mandatory – Court not satisfied that accused is n...
Criminal Law – Sect 302 IPC – Murder - Circumstantial Evidence – Reversal of Acquittal – Limits of Appellate Interference – Trial Court acquitted the accused holding that prosecution failed to establish a complete chain of circumstances – High Court reversed acquittal holding that the five golden principles in Sharad Birdhichand Sarda were satisfied – Supr...
Criminal Law – BNSS – Section 175(4) – Interpretation – Not a Standalone Provision – Issue whether Section 175(4) operates independently or in conjunction with Section 175(3) – Held: Sub-sections (3) and (4) are not isolated silos – Power to order investigation flows primarily from Section 175(3) – Section 175(4) provides an additional procedural saf...
Criminal Law – Murder of Minor – Circumstantial Evidence – Last Seen Theory – Appellant convicted for murder of 10-year-old boy and for causing disappearance of evidence – Child last seen alive in company of appellant who took him on cycle on pretext of showing exhibition – Deceased later found dead near canal in another district – Medical evidence proved ...
Criminal Law – Murder Conviction – Circumstantial Evidence – Acquittal – Appellant convicted under Section 302 IPC for murder of his wife on allegation of assault with sickle – Conviction based on motive, recovery of weapon and clothes, FSL report and judicial confession under Section 164 Cr.P.C. – High Court held that prosecution failed to establish a complete ...
NDPS Act – Suspension of Sentence Pending Appeal – Commercial Quantity – Appellants convicted for recovery of 81.303 kgs of ganja sought suspension of sentence during pendency of appeal – Long period of custody (more than 2 years and 10 months) and arguable infirmities in prosecution case considered – Held: Appellants made out a prima facie case warranting suspension ...
The Negotiable Instruments Act – Dishonour of Cheque – Section 138 – Reversal of Acquittal – Trial Court acquitted accused on ground that complainant failed to prove financial capacity to advance loan of ₹10,00,000 – Lower appellate Court reversed acquittal and convicted accused – Held: Once issuance of cheque and signature are admitted, statutory presump...