Criminal Procedure Code – Section 482 – Quashing of FIR – Lack of Jurisdiction – Petitioners sought quashing of FIR No.56 dated 18.04.2021 registered under Sections 420, 120-B IPC, Section 7 of the Essential Commodities Act, 1955 and Section 27 of the Drugs and Cosmetics Act, 1940, alleging illegal sale of Remdesivir injections during Covid-19 pandemic – Police conduc...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 201 and 120-B IPC for the murder of a 10-year-old boy based on circumstantial evidence – Trial Court relied on testimonies of PW-2 (claimed to overhear a conspiracy), PW-3 and PW-4 (last seen witnesses) – High Court affirmed the conviction holding the chain of circumstances complet...
Criminal Law – Death Penalty – Rarest of Rare – Commutation – Bachan Singh Doctrine Reaffirmed – Appellant convicted of kidnapping and dismembering a friend’s body after murder for ransom – Sessions and High Courts imposed death penalty considering brutality and role of mastermind – Supreme Court holds that mitigating factors such as youth, no past c...
Criminal Law – Abetment of Suicide – Section 306 IPC – Husband convicted for abetting wife’s suicide and mother-in-law convicted under Section 498A IPC – Wife consumed poison at her parental home – Allegation only that husband told wife not to put sindoor of his name on her head – No other evidence of cruelty or instigation – Held: Mere utterance wit...
Criminal Law – Attempt to Murder – Acquittal under Section 307 IPC – Conviction under Section 324 IPC – Appeal by the State against acquittal of accused No.1 (Jaison) under Section 307 IPC and of accused Nos. 2 and 3 (Biju and Mohanan) under Sections 341, 324, 307 r/w 34 IPC – Trial Court convicted accused No.1 under Section 324 IPC and sentenced him to two years&rsqu...
Narcotic Drugs and Psychotropic Substances Act – Bail – Commercial Quantity – Petitioners arrested with 112.270 kg of ganja, a commercial quantity, and in custody for 182 days – No application filed by the Public Prosecutor seeking extension of detention under Section 36A(4) of the NDPS Act – Held: In absence of a report from the Public Prosecutor seeking extension be...
Criminal Law – Dowry Death – Presumption under Section 113B Evidence Act – Marriage Date Dispute – Appellant convicted under Sections 304B and 498A IPC for causing death of wife by burns – Trial Court held marriage occurred in 1987 and drew presumption of dowry death – Supreme Court held marriage likely occurred in 1983 as per voter list evidence, making Section...
Criminal Law – Common Object – Murder – Section 149 IPC – Appellants convicted for double murder arising out of long-standing family enmity – Deceased persons were attacked in two successive incidents by a group armed with deadly weapons – Trial court and High Court found all accused shared common object and participated in the crime – Held: Even in absenc...
Criminal Law – Murder – Dying Declaration – Victim named appellants Dilip Dey and Manoj Singh as shooters in statement recorded by police officer in presence of doctor and relatives – Statement corroborated by brothers of deceased (PWs 5 and 7) – Medical officer (PW9) confirmed victim was conscious – Objection to lack of medical certificate of mental fitness rej...
Criminal Law – Abetment of Suicide – Ingredients – Suicide by business associate allegedly due to mental harassment and coercion in connection with profit-sharing – Suicide note blamed appellant and others for pressuring deceased – Trial court framed charge under Section 306 read with Section 34 IPC – Supreme Court held that for abetment under Section 107 IPC, i...