Criminal Appeal - Summoning of Additional Accused - Scope of Section 319 Cr.P.C - The Supreme Court examines the scope and application of Section 319 Cr.P.C, which empowers the court to summon a person as an accused if evidence during the trial indicates their guilt.
Trial Court's Order - Summoning Three Accused - The appellant, who was the informant and a prosecution witness in a criminal ...
Criminal Appeal – Bail – Unlawful Activities (Prevention) Act, 1967 – Indian Penal Code, 1860 – Appellants sought bail in cases relating to charges under UAPA and IPC – Examination of materials and evidence presented by prosecution – Assessment of whether reasonable grounds exist to believe accusations against appellants are prima facie true – ...
Dowry Death – Circumstantial Evidence – Conviction under Sections 304B and 201 read with Section 34 IPC – Prosecution's case based solely on circumstantial evidence – No eye-witness testimony on how the deceased's body was found on the riverbank – Two hypotheses: (1) deceased killed within the home and body disposed in the river; (2) deceased taken to the rive...
Criminal Appeal – Conviction under Section 307 IPC – Appellants accused of conspiring and attempting to murder Complainant (PW1) – Incident arising from a dispute over land between PW1 and Accused No.1 – Attack in PW1's grocery shop by appellants and other accused – Injuries sustained by PW1 and PW2 (PW1's mother) deemed simple by doctor (PW13). [Paras 3-6]
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Legal Representation – Absence of Appellant’s Advocate – The Division Bench appointed an advocate to represent appellant Niranjan Das but failed to give adequate time for preparation. Advocacy impaired due to lack of time to study the case, indicating procedural impropriety. [Para 4, 6-7]
Conviction – Section 302 of IPC – Appellant Niranjan Das convicted for murder...
Criminal Appeal – Recall of Witness – Appellant sought recall for further examination as a witness in the trial – High Court rejected the application – Appeal filed in Supreme Court. [Para 3-4]
Evidence – Central Forensic Sciences Laboratory (CFSL) Report – Appellant’s initial deposition recorded before CFSL report could be examined – CFSL expert&...
Robbery with Deadly Weapon – Section 397 IPC – Conviction of appellant under Sections 392 and 397 IPC challenged – Prosecution failed to prove use of firearm by appellant – Co-accused alone used the firearm – Charge under Section 397 IPC requires offender to use deadly weapon – Appellant’s involvement proved for robbery under Section 392 IPC but not under ...
Anticipatory Bail – Cancellation of High Court Order – State of Haryana appeals against anticipatory bail granted to the respondent, Dharamraj, by the High Court of Punjab and Haryana – Respondent declared a proclaimed offender and accused under various sections of IPC – Supreme Court finds High Court's grant of anticipatory bail improper. [Para 2-3, 13]
Proclaimed O...
Criminal Appeal – Leave Granted – Appeals arise from orders of the High Court in an application filed under Section 482 of the CrPC – Appellant challenges High Court’s decisions to allow amendment of application and to set aside prior orders by the Chief Judicial Magistrate (CJM). [Para 1-3]
Factual Background – Appellant alleges attack on his family by respondents...
Prolonged Incarceration without Trial Progress – Appellant in custody since 9th April 2021, with minimal trial progress despite High Court's order for completion within six months – Only 5 out of 25 witnesses examined – Issue of prolonged incarceration without trial conclusion highlighted.
High Court's Inconsistent Bail Grant – High Court's recognition of th...