Culpable Homicide – Conviction Upheld - Knowledge without Intention – Section 304 Part-II IPC – The appellants were convicted for the offence of culpable homicide not amounting to murder under Section 304 Part-II IPC after causing injuries to the deceased in an altercation over grazing cattle – They inflicted 12 injuries on the deceased, including injuries caused by blunt a...
Criminal Law – Transfer Petition – FIR Investigation – Non-Compliance by Investigating Officer – Petitioner sought transfer of C.F No. 2842/2018 from IVth Additional Judicial Magistrate, Nellore to Saket Court, New Delhi – Filed under Section 200 read with Section 190 Cr.P.C. for investigation into allegations of fraud (Sections 416, 418, 419, 420 IPC, etc.) – P...
Criminal Law – Circumstantial Evidence – Proof of Guilt Beyond Reasonable Doubt – The appellants were convicted of the murder of Kumari based on the testimonies of two witnesses, P.W.1 and P.W.2, who claimed to have seen the crime, and the discovery of skeletal remains – The defense challenged the credibility of these witnesses, highlighting the delay in reporting the crime...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 307, 147, 148, 149 IPC and Sections 25, 27 of the Arms Act – Appellants allegedly shot the deceased during a herb-collection trip – Trial court sentenced the appellants to life imprisonment based on confessional statements and recoveries – On appeal, High Court found inconsis...
Criminal Law – Appeal Against Acquittal – Charges under Section 307 IPC – Appellant was assaulted due to a dispute related to Waqf Board – Initial FIR lodged under Sections 294, 323, 506 read with 34 IPC – Additional Sessions Judge framed charges under Section 307 IPC – High Court set aside charges, ruling injuries insufficient for Section 307 – Held: Mino...
Criminal Law – Abduction and Murder – Acquittal – The appellants were accused of abducting and murdering Neelam in furtherance of a land dispute – Trial Court convicted five accused under Sections 302/34 and 364/34 IPC and acquitted two (A-6, A-7) – Patna High Court overturned the acquittal of A-6 and A-7, convicting them and sentencing all seven to life imprisonment ...
Criminal Law – Quashing of FIR – Appeal against dismissal of petition under Section 482 CrPC to quash FIR and subsequent chargesheet – Appellants accused under Sections 498A, 323, 504, 506 read with Section 34 IPC for alleged cruelty towards the complainant – High Court held that a prima facie case of cruelty was made out and dismissed the petition – Supreme Court exa...
Criminal Law – Maintenance under Section 125 CrPC – Interim Maintenance Award – Revision petition filed against the order of the Trial Court granting ₹25,000/- per month as interim maintenance to the wife – The wife claimed that the respondent-husband earned more than ₹1,50,000/- per month and had stopped providing maintenance, while the husband contended that the wife ...
Criminal Law – Quashing of Proceedings – Offence under Section 370(A) IPC – The petitioner, accused as a customer in a brothel case, sought quashing of the proceedings against him under Sections 370(3) and 370(A) of the IPC and Sections 3 and 5 of the Immoral Traffic (Prevention) Act – The Court observed that for Section 370(A) to apply, the customer must have knowledge tha...
Criminal Law – Child Pornography – Quashing of Criminal Proceedings – Appeal – High Court quashed the criminal proceedings against the accused under Section 67B of the Information Technology (IT) Act, 2000, and Section 15(1) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, citing that mere possession or viewing of child pornography without publication o...