Facts:
The case revolves around an incident where the accused appellant and the main accused, Khilai, were involved in a quarrel with the complainant. During this altercation, Khilai fired a country-made pistol, injuring the complainant. The prosecution alleged that the accused appellant had a common intention with Khilai to murder the complainant.
Issues:
Whether there was a...
False Statements in Writ Petition – Premature Release – Misrepresentation of Facts – The writ petition claimed that all four petitioners had completed 14 years of actual imprisonment without remission – The State's counter affidavit revealed that petitioners no. 2 and 4 had not completed 14 years of actual sentence – False assertions were made in both the petition...
Criminal Law – Sections 302, 304 Part I of IPC – Nature of Offence – Modified Conviction – The appellants were initially convicted under Section 302 read with Section 34 of the IPC for the murder of the deceased during a quarrel – The Court held that there was no prior intention to murder, as the assault arose out of a spontaneous altercation – The first quarrel...
Bail Cancellation – Alleged Violation of Conditions – Matrimonial Dispute – The petitioner sought the cancellation of bail granted to respondent No.2, alleging that he had violated bail conditions by threatening her – Held: The alleged violation pertained to a separate incident for which an FIR was filed belatedly, and respondent No.2 had complied with the bail conditions p...
Maintenance – Assessment of Income – Section 125 CrPC – Income Assessed on Basis of Minimum Wages – Maintenance Awarded – The petitioner claimed that his income was incorrectly assessed as ₹16,000 per month by the Family Court, which relied on Delhi's minimum wage standards despite the petitioner being employed in Uttar Pradesh. Held: In matrimonial disputes, pa...
FACTS:
The appellant, Gangadhar alias Gangaram, was convicted under the NDPS Act for the recovery of 48 Kgs 200 gms of cannabis (ganja) and sentenced to 10 years of rigorous imprisonment.
The lower courts held the appellant to be the owner of the house from where the contraband was recovered, rejecting his defense that he had sold the house to a co-accused.
The appellant produced a sale a...
Criminal Law – Conviction Based on Identical Evidence – Principle of Parity – The appellant was convicted for facilitating the issuance of a second passport to accused No.1, while other co-accused, who faced similar charges, were acquitted – Supreme Court held: When two accused face identical or similar charges and evidence, one cannot be convicted while the other is acquit...
Writ Jurisdiction – Interim Relief – Stay of Criminal Proceedings – Abuse of Process of Law – Petitioners sought quashing of multiple FIRs, alleging that disgruntled borrowers had misused criminal law against financial institutions – Supreme Court granted stay of proceedings in its interim order dated 28.04.2023, continued until petitions before respective High Courts...
Facts:
The appellant-accused was convicted for offenses under Section 498A, Section 304B, Section 406 of the Indian Penal Code, and Section 3 and Section 4 of the Dowry Prohibition Act. He was sentenced to life imprisonment and additional sentences of 5 years and 3 years. During the appeal's pendency before the High Court, the appellant sought bail under Section 389 of the CrPC. The High C...
Unlawful Activities (Prevention) Act (UAPA) – Challenge to Sanction – Appellant challenged the validity of sanction granted under Section 45 of UAPA, arguing that the statutory timelines in Rules 3 & 4 of the 2008 Rules were violated and that the requirement of independent review was not fulfilled – High Court dismissed the writ petition – Supreme Court held that the va...