Criminal Law – Common Intention – Acquittal – Appellant Raj Bala convicted under Sections 302/34 and 307/34 IPC for allegedly firing at injured Kailash during a group assault where another accused had fired fatal shot – Trial court relied on ocular evidence but injury report (Exh. Ka-20) showed no firearm injury – Medical evidence inconsistent with prosecution’s...
Criminal Law – Murder Trial – Benefit of Doubt – Appellants convicted for murder based on statements of informant (PW-3) and deceased’s sisters (PW-1 and PW-2) alleging oral dying declaration – First information report dated 12 May 1990 (Fardbeyan) did not name the accused – Informant later filed embellished report naming appellants due to previous enmity over l...
Electricity Law – Theft of Electricity – Section 135 of the Electricity Act – Accused allegedly hooked electricity directly from low-tension overhead lines – Appellant seized materials and lodged FIR – Respondent paid part of provisional assessment amount – Trial court found that prosecution failed to prove theft beyond reasonable doubt – No independent wi...
Criminal Law – Quashing of Criminal Proceedings – Matrimonial Dispute – Attempt to Murder – Petitioner-husband sought quashing of Sessions Case No.20 of 2024 under Sections 324, 326, 307 IPC on the basis of compromise deed with wife (Respondent No.3), the complainant – Allegations related to physical assault with knife – Chargesheet filed, but during trial parti...
Juvenile Justice – Habeas Corpus – Illegal Detention – Petitioner No. 1, arrested for murder under Section 302 IPC, was in judicial custody since 2017 – During trial in 2024, he raised a claim of juvenility and produced a scholar register showing his date of birth as 13.12.2002 – The trial court failed to determine his age as required under Section 9(2) of JJ Act and ...
Domestic Violence Law – Right of Residence vs. Senior Citizens’ Rights – Section 17 PWDV Act – Held: The right of residence under Section 17 is a protective right, not an indefeasible right of ownership or a license to indefinitely occupy premises owned by in-laws when such occupation causes demonstrable harm to senior citizens. Where cohabitation becomes unworkable and det...
Easement of Necessity – Access Road – Plaintiffs sought declaration of easement of necessity and permanent injunction for a 10-feet wide road across defendant’s land (marked PQRS) – Trial Court found existence of necessity but held 10 feet width excessive – Decreed 3 feet wide pathway and granted injunction – First Appellate Court upheld the decree – High ...
Criminal Law – Quashing of Proceedings – Protection under Section 197 CrPC – Custodial Violence Alleged – Petitioner, a Sub-Inspector, sought quashing of complaint citing absence of prior sanction under Section 197 CrPC – Complaint alleged illegal detention, physical assault, custodial abuse, and humiliation of complainant and her brother by police inside the police s...
Criminal Law – Murder – Conviction Based Solely on Injured Eye-Witnesses – Reversal – Appellants convicted under Section 302 IPC based on testimonies of injured witnesses (P.W.4 and P.W.5) – Trial court disbelieved recovery of weapons and ballistic evidence – No independent or forensic corroboration – Court held conduct of eye-witnesses unnatural as they f...
Criminal Law - Anticipatory Bail – Maintainability Before High Court – Concurrent jurisdiction of Sessions Court and High Court – Applicant directly approached High Court without first applying before Sessions Court – Applicant not residing within jurisdiction of Sessions Court where FIR lodged – Held: Petition maintainable under Clause 26(B) of Full Bench decision in...