Dying Declaration – Reliability – Section 302 IPC – Conviction Set Aside – The appellants were convicted based on a dying declaration – The court found several inconsistencies and procedural lapses in recording the dying declaration, including the absence of certification of the victim's mental fitness by a doctor and a lack of preliminary questions to assess the ...
Criminal Law – Murder – Conviction Upheld - Dying Declaration – Admissibility and Evidentiary Value – The conviction was primarily based on the dying declaration of the deceased, Munish Kumar, implicating the appellant for stabbing him. The appellant questioned the reliability of the dying declaration on the grounds that the doctor who declared the deceased fit to make a st...
Criminal Law – Murder Conviction – Appellant, Mauje Lal Sahani, convicted for the murder of Munna Singh (deceased) inside Motihari central jail – Trial court sentenced him to life imprisonment for offenses under Sections 302/34 IPC, 307/34 IPC, Section 27 of the Arms Act, and Sections 3 and 4 of the Explosive Substances Act – Conviction challenged on grounds of inconsistent...
Motor Accident Claim – Compensation Award under Section 163-A – Appellant Insurance Company contended that the Tribunal incorrectly applied the amended Section 164, which came into effect after the date of the accident – Court observed that the amended provision was applied erroneously, but the compensation amount under Sections 163-A and 164 remains the same – The award am...
Criminal Law - Quashing of Proceedings – Section 188 IPC – Absence of Written Complaint by Public Servant – Proceedings Quashed - The petitioners were charged under Section 188 IPC for allegedly obstructing a police officer’s duty. The Court held that cognizance under Section 188 IPC requires a written complaint from the public servant as per Section 195(1)(a) CrPC. Since n...
Criminal Law – Appeal Against Acquittal – Acquittal Upheld – Sections 406, 420, 411, and 120-B IPC – The State appealed against the acquittal of the accused, who were charged with misappropriation of cement bags supplied for government construction work – The Trial Court convicted the accused, but the Appellate Court acquitted them, holding that the prosecution had no...
Aggravated Penetrative Sexual Assault – Section 5(m) and 5(n) POCSO Act – Conviction Upheld - The appellant, convicted for committing aggravated penetrative sexual assault on his 8-year-old granddaughter, challenged the trial court’s judgment. The High Court upheld the conviction, finding that the evidence of the victim girl, supported by medical testimony, conclusively proved th...
Criminal Law – Acquittal in Murder Case – Section 302 IPC – Appeal Against Acquittal Allowed – The trial court acquitted the accused based on alibi and lack of motive, finding the prosecution's evidence insufficient – The High Court, upon re-evaluating the testimonies and the material evidence, including the recovery of the weapon, held that the trial court erred ...
Criminal Law - Acquittal for Murder - Government Appeal against trial court’s judgment acquitting accused of murder charges under Section 302/34 IPC - Trial court convicted accused for causing simple injuries under Section 323/34 IPC - Prosecution alleged that accused snatched a one-year-old child from her mother's lap and threw her on the ground, leading to her death - Post-mortem repor...
Criminal Law – Abetment to Suicide – Acquittal – Alleged dowry harassment leading to suicide of the respondent’s wife – Trial court acquitted the respondent due to failure of prosecution to establish guilt beyond reasonable doubt – High Court upheld the acquittal, emphasizing the lack of credible and direct evidence, inconsistencies in witness testimonies, and a...