Criminal Law – Murder – Poisoning in Jail – Acquittal – Accused prisoners allegedly served poison-laced Pepsi and bread to fellow inmates causing death of three prisoners – FIR filed after two days by Jail Superintendent without immediate explanation – Eye-witness (PW-3) claims witnessing incident but failed to inform authorities or explain jail protocol violati...
Criminal Law – Framing of Charges – Prima Facie Case – Charges framed against appellant for serious offences arising out of 1984 anti-Sikh riots including murder and conspiracy – Appellant sought discharge claiming statements of key witnesses (PW-1, PW-2, PW-10) were delayed by over 20 years and unreliable – Held: At the stage of framing charges, court need not evalua...
NDPS Act – Bail – Commercial Quantity – Section 37 – Rejection of Bail – 500 grams of Mephedrone recovered from applicant’s conscious possession – Seizure made in presence of panch witnesses after informing accused of rights under Section 50 – Contraband verified and certified by Magistrate under Section 52A – Chemical Analyzer’s report c...
Criminal Law – Section 61(2) r/w 318(3), 316(5), and 112 BNS - Paper Leak – Departmental Examination – Economic Offence – CBI Investigation – Bail Granted – Delay in Trial – Procedural Irregularities – Parity with Co-Accused – Accused railway officials and candidates allegedly conspired to leak the CLI departmental examination paper in exchange...
Criminal Law – Culpable Homicide – Sentence – Appellant convicted under Section 304 Part-II IPC for causing death of intervenor S by axe blow to the neck – Trial court sentenced him to 10 years’ RI – High Court reduced sentence to 8 years – Appellant sought further reduction on ground of young age (20 years) and absence of intention – Supreme Court h...
Criminal Law – Murder – Conviction Reversed – Appellant convicted under Section 302 read with Section 34 IPC along with three others – FIR stated incident occurred when accused tried to destroy hut of one Jagya, and deceased Ramesh intervened – Alleged eyewitnesses Madho Singh (PW-5) and Puniya (PW-12) gave materially contradictory accounts regarding place and sequenc...
Domestic Violence – Shared Household – Right of Residence – Section 2(s) read with Section 17, PWDV Act – Wife began residing at property owned by her in-laws immediately after marriage – Held: Property qualifies as “shared household” irrespective of ownership – Right of residence under Section 17 not dependent on title – Once aggrieved person ...
Negotiable Instruments Act – Dishonour of Cheque – Statutory Presumption – Section 139 – Execution of cheque admitted by accused – Held: Presumption arises that cheque was issued in discharge of debt or liability – However, such presumption is rebuttable on preponderance of probabilities – Accused not required to prove defence beyond reasonable doubt &ndas...
Negotiable Instruments Act – Section 148 – Deposit of Minimum 20% Compensation – Discretion of Appellate Court – Applicants challenged order of First Appellate Court directing deposit of 20% of cheque amount while granting suspension of sentence under Section 389 Cr.P.C. – Contention: requirement not mandatory and could not be imposed after suspension of sentence &nda...
Criminal Law – Mass Murder – Death Sentence – Premeditated and brutal act resulting in five deaths and severe injuries to one survivor – Accused set house ablaze with petrol while victims were having dinner and closed door to prevent escape – Balwant Singh, who managed to flee the burning room, was almost beheaded with sword – Held: Rarest of rare case justifyin...