Criminal Procedure – Section 311 Cr.P.C. – Power to Recall Witness – Investigating Officer – Application for recalling PW-12, Inspector Subhash Singh, rejected by trial court – Witness had investigated the case and received crucial electronic evidence (CD and pendrive) from deceased witness Sanjay (Ex-Sarpanch) – Held: Trial Court erred in dismissing application...
Criminal Law – Murder – Circumstantial Evidence – Failure of Prosecution to Establish Complete Chain – Appellant convicted for murder of his adoptive parents (D-1 and D-2) – Prosecution case based entirely on circumstantial evidence – No eyewitness – Trial Court convicted relying on appellant’s presence in the house, alleged motive to inherit propert...
Criminal Procedure – Dismissal of Complaint – Lack of Prima Facie Case – Trial court dismissed complaint under Section 203 CrPC for want of cogent evidence – Revisionist alleged assault and snatching of mangalsutra at gunpoint by opposite party No. 2 – However, other witnesses did not corroborate her statement – Medical report showed only simple injuries –...
Criminal Law – Murder by Conspiracy – Sections 302/120B/34 IPC – Arms Act Section 27 – Evidence Act Sections 10 & 30 – Confession under Section 164 CrPC – Mixed Result – Conspiracy to kill a student proved through voluntary judicial confession of shooter (Arnit Das) corroborated by medical and independent evidence – Sidharth’s role as consp...
TADA Offence – Sanction under Section 20A(2) – Cognizance without Sanction Invalid – Conviction Set Aside – FIR originally registered under Explosives Act, 1884 – Supplementary charge-sheet filed invoking TADA without prior sanction from Inspector General or Commissioner of Police as required under Section 20A(2) of TADA – Held: Designated Court had no jurisdict...
Criminal Law – Abetment of Suicide – Sections 306 and 107 IPC – Mens rea Essential – Mere harassment or taunting insufficient – Suicide by wife allegedly due to continuous harassment and dowry demands – No suicide note – No specific instigation or intentional aid proved – Held: Mere discord or cruelty in matrimonial home does not automatically amount...
Conviction – Suspension of Conviction under Section 389(1) CrPC – Conviction Stayed – Appellant, a sitting MP, was convicted under Section 304 Part II IPC and sentenced to 3 years RI – To uphold moral standards, he resigned but sought to contest re-election – Held: Appellate Court has power under Section 389(1) CrPC to suspend not just sentence but also order of convi...
Cheque Dishonour – Vicarious Liability of Directors – Sections 138 and 141 of the Negotiable Instruments Act – Criminal Proceedings Quashed – Appellant filed complaint against company directors alleging cheque dishonour – Supreme Court held that mere designation as directors is insufficient – In absence of specific averments that respondents were in charge of an...
Dowry Death – Section 304B IPC – Husband’s Liability Upheld – Deceased Found Hanging in Matrimonial Home – Appeal Dismissed – The appellant, Raja Lal Singh, was the husband of the deceased who died within seven months of marriage due to hanging – Evidence showed repeated dowry harassment including shortly before her death – Held: Ingredients of Secti...
Criminal Law - Registration of FIR – Duty of Police – Section 154 CrPC – FIR Must Be Registered – Petitioners alleged failure of police to act upon complaints disclosing cognizable offences related to hate speech – Held: Police is bound to register an FIR if a cognizable offence is disclosed – However, if police fails to do so, remedy lies under Sections 190 and...