Criminal Law – Kidnapping for Ransom – Procedural Lapses – Conviction of appellants under Sections 364A, 392, and 120B IPC for kidnapping a minor for ransom and subsequent recovery of ransom money challenged. Supreme Court noted significant procedural lapses, inconsistencies in witness statements, and failure to follow proper identification procedures. The delayed filing of FIR a...
Suo Motu Criminal Revision – High Court Powers Under Section 397 CrPC – The petitioner challenges the Madras High Court’s decision, which invoked its suo motu criminal revision powers under Section 397 of the CrPC, to interfere with a final closure report filed by the DVAC – Held: The High Court overstepped by effectively directing the framing of charges, a power that lies ...
Criminal Law – Sections 279, 337, 338, and 304(A) of IPC – Conviction and Sentence – Modified – The appellant was convicted of causing death by rash and negligent driving under Sections 279, 337, 338, and 304(A) of the IPC, related to a road accident resulting in the death of a pillion rider – The trial court sentenced him to simple imprisonment and fines for each off...
Criminal Procedure – Section 311 of CrPC – Recall of Witnesses – Judicial Discretion – The petitioners sought to recall and re-examine several prosecution witnesses, claiming that their previous lawyer had not conducted a proper cross-examination – The trial court rejected this application, and the High Court affirmed the decision – The Supreme Court held that t...
Family Law – Divorce by Mutual Consent – Mediation and Settlement – Dissolution of Marriage – The petitioner sought transfer of the divorce petition initiated by the respondent from Vadodara to Pune – During the proceedings, the parties were referred to the Supreme Court Mediation Centre, where they reached a settlement – The terms of settlement included dissolu...
Criminal Law – Murder – Section 302 IPC – Conviction Upheld – The appellant was convicted for murdering a 7-year-old boy by inflicting multiple dao blows on his neck and head – The appellant confessed to the crime under Section 164 CrPC – Two eye witnesses, aged around the same as the deceased, testified to the incident – The appellant claimed the act was ...
Criminal Law – Quashing of Proceedings – West Bengal Shops & Establishments Act, 1963 – Petitions filed for quashing criminal proceedings related to alleged violations under the West Bengal Shops & Establishments Act, 1963, including failure to display registration certificates, maintain overtime records, and comply with inspection orders – Petitioner argued that co...
Criminal Law – Appeal Against Acquittal – Charges under Section 307 IPC – Appellant was assaulted due to a dispute related to Waqf Board – Initial FIR lodged under Sections 294, 323, 506 read with 34 IPC – Additional Sessions Judge framed charges under Section 307 IPC – High Court set aside charges, ruling injuries insufficient for Section 307 – Held: Mino...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 307, 147, 148, 149 IPC and Sections 25, 27 of the Arms Act – Appellants allegedly shot the deceased during a herb-collection trip – Trial court sentenced the appellants to life imprisonment based on confessional statements and recoveries – On appeal, High Court found inconsis...
Culpable Homicide – Conviction Upheld - Knowledge without Intention – Section 304 Part-II IPC – The appellants were convicted for the offence of culpable homicide not amounting to murder under Section 304 Part-II IPC after causing injuries to the deceased in an altercation over grazing cattle – They inflicted 12 injuries on the deceased, including injuries caused by blunt a...