Criminal Law – Murder – Conviction – Appellant and co-accused allegedly entered victim’s home at night and assaulted family with deadly weapons – Deceased sustained sword injuries and died – Appellant identified as first assailant who stabbed deceased in abdomen – Conviction under Section 302 IPC confirmed based on credible testimony of injured and related...
Criminal Procedure – Right to Speedy Trial – Delay of Over Two Decades – Chargesheet Filed in 1991, Trial Not Commenced Till 2008 – Appellant Faced Investigation and Prosecution for Over 21 Years – Held: Violation of Fundamental Right Under Article 21 – Proceedings Quashed – FIR lodged in 1987, chargesheet filed in 1991 – Appellant facing prosecution...
Criminal Law – Dacoity with Murder – Minimum Number of Participants – Conviction Under Section 396 IPC – Illegal When Fewer Than Five Accused Found Guilty Without Finding of Others’ Participation – Conviction Set Aside – Trial court convicted four out of six accused under Section 396 IPC while acquitting two others without recording any finding that five o...
Criminal Law – Rape – Sentencing – Reduction Below Minimum Without Special Reasons – Held: High Court Erred in Reducing Sentence Without Recording Adequate and Special Reasons as Mandated Under Section 376 IPC – Sentence Enhanced – Trial court convicted respondent under Sections 366 and 376 IPC and sentenced him to 3 and 7 years RI respectively – High Cour...
Criminal Law – Public Servant – Sanction for Prosecution – Appellant, a government officer, took action against a medical shop under Drugs and Cosmetics Act – Complaint later filed against him by shop owner alleging forgery and corruption – Held: Actions taken were in discharge of official duties – No cognizance could have been taken without prior sanction under...
Criminal Procedure – Section 319 CrPC – Power to summon additional accused – Object is to ensure that real culprits do not escape trial and entire offence is tried together – Court may summon any person not shown as accused if evidence indicates involvement – Power is extraordinary and to be used sparingly and only on compelling reasons – Safeguards under Sectio...
Criminal Law – Sentence of Transportation for Life – Nature and Legal Effect – Petitioner convicted for murder under Section 302 IPC and sentenced to transportation for life – Held: Even before the 1955 amendment, such sentence did not necessarily involve deportation overseas – As per Pandit Kishori Lal v. King Emperor, transportation for life is to be treated as rigo...
Criminal Law – Discharge – Scope under Sections 438 & 442 BNSS (Corresponding to Sections 227–228 CrPC) – Revision against rejection of discharge – Petitioner/Accused No.11 sought discharge on the ground that his name did not appear in FIR or witness statements and that the only material against him was the confession of Accused No.4 before police – Held: At...
Criminal Law – Abetment of Suicide – Mens Rea – Adequacy of Sentence – Section 306 IPC – Section 377 Cr.P.C. – State sought enhancement of sentence imposed on accused-husband convicted under Sections 498A and 306 IPC for wife’s self-immolation following repeated quarrels and physical abuse under intoxication – Evidence showed deceased committed suici...
NDPS Act – Suspension of Sentence – Section 389 CrPC / Section 430 BNSS – Commercial Quantity – Appellant convicted for possession of 25.086 kg ganja and sentenced to RI for 10 years with fine of ₹1,00,000 – Application for suspension of sentence during pendency of appeal – Held: Recovery of commercial quantity attracts rigour of Section 37 NDPS Act – Gr...