Criminal Law – Murder – Circumstantial Evidence – Lack of Motive – Appellants convicted for murder based on circumstantial evidence and extra judicial confession – Prosecution failed to prove animosity between accused and deceased – No motive established – Motive plays crucial role in circumstantial evidence cases – Conviction based on weak motive un...
Railways - Untoward Accident - Bona Fide Passenger - Sections 123(c)(2) and 124A of Railways Act, 1989 - Valid ticket found on deceased establishes prima facie that the person was boarding the train - Held that the deceased fell from the train due to an accident and lost his life - Respondent-Railways failed to provide cogent evidence to rebut this - Tribunal's reliance on an unproduced witnes...
Civil Procedure - Pleadings - Order 6 Rule 2 CPC - Pleadings must contain concise statements of material facts - Evidence is not required to be pleaded - Held that written statements must state material facts, not evidence - Evidence beyond pleadings deemed inadmissible - Defendant's claim that land was purchased by the deceased during his lifetime based on hard work and business of purchasing...
Criminal Law – Murder – Conviction based on Circumstantial Evidence – Appellant convicted under Section 302 IPC for the murder of his stepmother. Conviction primarily based on extra-judicial confession and evidence of last seen together. Supreme Court scrutinized the reliability of these evidences and found significant procedural lapses and inconsistencies, leading to the acquitt...
Criminal Law – Quashing of FIR and Charge-sheet – Criminal appeal against initiation of prosecution under TOHO based on second FIR – Challenge on grounds of constitutional violations and procedural lapses – TOHO being a special Act, its provisions take precedence over general laws – Supreme Court interpretation mandates that complaints under TOHO must be initiated by ...
Criminal Law – Negligent Driving – Petitioner convicted under Section 304-A IPC and relevant sections of the Motor Vehicles Act for causing death by negligent driving – Trial court and appellate court affirmed conviction – Revision court considered the petitioner's age, lack of mens rea, and absence of antecedents – Highlighted the potential of the petitioner&rsqu...
Criminal Law - Probation - Sections 360, 361 of Cr.P.C. - Sections 3, 12 of Probation of Offenders Act - Purpose of criminal law to reform individuals and maintain societal harmony - Petitioner convicted for forgery to obtain a loan - Sentence of rigorous imprisonment for two years - Petitioner's appeal dismissed by Additional Sessions Judge - High Court holds the trial and appellate courts fa...
Criminal Law - Abetment of Suicide - Sections 107 and 306 IPC - Essential ingredients for abetment under Section 306 IPC include provocation, incitement, or inducement to commit suicide - Accused must have intended their acts to drive the deceased to commit suicide - Delay in lodging FIR casts doubt on prosecution's version - No evidence of active role or mens rea on part of appellants to inst...
Narcotic Drugs and Psychotropic Substances Act – Procedural Compliance – Appeal against conviction for possession of contraband (charas) – Appellant was convicted by the trial court and sentenced to rigorous imprisonment for ten years and fined rupees one lakh – High Court found non-compliance with Section 52A of the NDPS Act – Samples not drawn in the presence of a M...
Criminal Law – Discharge of Accused – Trial Court discharged respondent for lack of material evidence beyond co-accused statements under Section 67 of the NDPS Act – Revision petition filed by Union of India challenging this discharge – High Court emphasized the need for sufficient material to form a prima facie case [Paras 1-14].
Evidence – Call Detail R...