Criminal Law – Murder vs. Culpable Homicide – The appellants were convicted for murder under Section 302 IPC. The Court held that the act of hitting the deceased on the head with a wooden reeper, even though fatal, did not indicate an intention to cause death – Held: The injuries inflicted, though serious, were likely to cause death but were not sufficient in the ordinary course ...
Criminal Law – Bail Application – Charges under IPC and POCSO Act – Appellant arrested under Sections 354(D), 506, 363, 366, 376, 511, and 34 IPC, and Sections 7/8 and 11/12 of the POCSO Act – High Court rejected bail due to seriousness of the charges and age of the victim – Supreme Court grants bail considering the appellant’s young age and fact that the victim...
Civil Law – Res Judicata – Consolidated Suits and Appeals – Appeal dismissed due to res judicata – The appellant challenged the judgment of the First Appellate Court in two consolidated suits concerning property rights and easementary claims. The Court held that, due to the dismissal of a related appeal (RSA No. 278 of 1995) for default, the principle of res judicata applie...
Anticipatory Bail – Delay in FIR Registration – The petitioner sought anticipatory bail after being accused of theft under Section 380 IPC. The Court observed that there was an inordinate delay in registering the FIR, which was explained by the de-facto complainant on the grounds that the petitioner’s mother had promised to return the stolen ATM card and money – Held: The d...
Money Laundering – Discharge Application – Prima Facie Case Established – The petitioner, a trustee of the All India Overseas Bank Employees Union Trust, sought discharge from a money laundering case under the PMLA, contending no involvement in the administration of the trust's funds. The Court held that the allegations, including siphoning of funds from union members and pro...
Criminal Law – NDPS Act – Compliance with Section 50 – Search and Recovery Validated – The appellant was convicted for possession of 0.4 grams of LSD, found in 30 square-shaped pieces. The appellant argued that the mandatory provisions under Section 50 of the NDPS Act were violated, particularly that he was not informed about his right to be searched before a Gazetted Offic...
Criminal Law – Quashing of FIR – Offence under Section 307 IPC – Petitioners sought quashing of FIR registered under Sections 148, 149, 323, 341, 506, and 307 IPC on the basis of a compromise with the aggrieved parties – FIR related to a fight in which grievous injuries were alleged – Aggrieved persons consented to quashing the FIR and confirmed the genuineness of the...
Criminal Law - Grievous Hurt – Use of Sharp Weapon – Conviction Upheld – The petitioners were convicted for causing grievous hurt under Section 326 IPC using pick-axes, which inflicted bone-deep injuries – The trial court acquitted the accused based on suspicions around medical evidence, but the appellate court reversed the acquittal – Held: The appellate court correc...
Criminal Law – Conviction Reversal – Acquittal – The appellants were convicted by the High Court for abduction and murder under Sections 364/34 and 302/34 IPC – The Supreme Court reversed this conviction, holding that the High Court erred in overturning the Trial Court's acquittal of two accused (A-6, A-7) – The High Court’s decision lacked proper reasoning ...
Murder – Criminal Liability – Conviction for Murder under Section 302/34 IPC – Life Imprisonment – The appellants were convicted for the murder of the deceased, who was assaulted with a knife – The primary appellant, Diplal Rai, was found guilty beyond reasonable doubt based on consistent eyewitness accounts from the deceased’s daughters (P.W.-3 and P.W.-5) &nda...