Criminal Law - Externment Proceedings – Scope of Judicial Review – Section 47 of Delhi Police Act – The petitioner challenged an externment order issued under Section 47 of the Delhi Police Act for involvement in bootlegging and other criminal activities. The court observed that externment is not a punitive measure but preventive, aimed at ensuring public safety. Judicial review ...
Criminal Law – Murder Conviction – Reduction of Sentence – Appellants convicted for murder under Section 302 read with Section 34 IPC for stabbing the deceased with a knife – Trial court sentenced them to life imprisonment – High Court upheld the conviction and sentence – Supreme Court finds that the incident occurred in a sudden quarrel and there was no premedi...
Vicarious Liability – Section 141 of the NI Act – Quashing of Proceedings – Petition Allowed – The petitioners, wives of the directors of M/s RBT Pvt. Ltd., were summoned for the dishonour of cheques issued by the company. They sought quashing of the complaint on the grounds that they were merely described as managers without any specific averments of their role in the busi...
Condonation of Delay – Criminal Appeal – Section 21 of NIA Act – Appellant sought condonation of a delay of 186 days in filing the appeal against the rejection of bail – The delay was attributed to the appellant's financial inability to engage counsel in time – Held: Relying on judicial precedents, the right to appeal is fundamental to personal liberty under Artic...
Right to Fair Trial – Denial of Legal Assistance – Violation of Article 21 – Retrial Ordered – The appellant contended that he was deprived of the right to legal assistance during the trial as his counsel did not appear, and he was asked to cross-examine the witnesses himself, despite his lack of legal expertise. The Court found that the trial was not conducted fairly, as t...
Rape – Conviction and Sentence – Section 376 IPC – Appellant convicted and sentenced to 7 years R.I. – Conviction Upheld – Sentence Reduced – The prosecutrix’s testimony was consistent and supported by other witnesses – Minor discrepancies in the statements did not discredit the prosecution’s case – The absence of injuries on the prosecut...
Criminal Law – Conviction for Murder – Appellant convicted under Section 302 IPC for killing his mother-in-law during a quarrel related to his wife's pregnancy – Defense argued that the attack was a result of sudden provocation and there was no premeditation – Court reclassified the offense as culpable homicide not amounting to murder under Section 304 Part I IPC, notin...
Criminal Law – Possession and Use of Counterfeit Currency – The appellant was convicted under Sections 489B and 489C of IPC for allegedly handing over counterfeit currency notes to the second accused, who then used them to pay for bricks purchased from PW1 – Appellant contended that there was no evidence linking him directly to the possession or transfer of counterfeit notes &nda...
Criminal Law – Murder Conviction – Partial Acquittal – Two separate criminal appeals were heard together – Appellants accused of killing two victims, Brij Bihari Prasad, a legislator, and his bodyguard, at IGIMS hospital, Patna – Trial court had convicted the appellants for offences under Sections 302 and 307 IPC – High Court acquitted several accused, finding i...
Murder – Conspiracy and Common Intention – Section 302 read with 120B IPC – Conviction Affirmed – The appellants were convicted for the murder of the deceased, Ramchandra Jha, based on the testimonies of eyewitnesses (P.W.-1 and P.W.-6), who identified the appellants as the perpetrators – The court upheld the conviction, noting the clear role each appellant played in ...