Criminal Law – Murder – Section 302 IPC read with Section 34 – Conviction Affirmed – Deceased stabbed four times by A-1 while A-2 and A-3 (appellants) held his hands; trial court and High Court relied on related eyewitnesses (PWs 1–3) and sustained conviction – Held: Concurrent findings call for no interference; appeals dismissed [Paras 1-3, 6, 17-18].
Eyewit...
Criminal Law - Conviction without specific charge – Sections 222 & 464 CrPC – Conflict resolved – Accused charged under Section 302 IPC; High Court found 302 not made out but declined to convict under Section 306 for want of charge relying on Sangaraboina Sreenu – Held: Section 464 CrPC permits conviction for an uncharged offence if no “failure of justice”; ...
Criminal Lawl – Conviction under Sections 302/34 IPC – Article 136 of the Constitution – Appellants convicted for murder based on eye-witness testimony of PWs 2 and 3 – Plea of faulty investigation and reliance on inimical witnesses raised – Held: Defective investigation does not by itself vitiate trial if prosecution evidence is credible – Conviction upheld [Pa...
Criminal Law – Quashing of Complaint – Section 197 CrPC – Protection to Public Servants – Sanction Mandatory – Acts Related to Discharge of Official Duty – Held: When public servants are accused of committing acts in purported discharge of their official duties, prosecution cannot be initiated without prior sanction under Section 197 – The search, seizure ...
Criminal Law - Appeal allowed – Conviction under Sections 302, 364, 323/34 IPC set aside – Courts below erred in relying on purported dying declaration which was unproved, unreliable and contradicted by medical evidence – Prosecution failed to establish kidnapping, murder or assault – Benefit of doubt extended to appellants – Accused Hamir Singh directed to be release...
Criminal Law – TADA Conviction Upheld – Acquittal of Co-accused Maintained – The Court upheld the conviction of Esher Singh under Section 4 of TADA for advocating the Khalistan movement and inciting communal hatred – Confessional statement of deceased co-accused A-5 held inadmissible – Appeals by State and victim’s son against acquittal of other accused for cons...
Criminal Law - Challenge to conviction under Sections 304B and 498A IPC – Dowry Death – Presumption under Section 113B, Evidence Act – Burden of Proof – Prosecution must prove basic facts that (i) death occurred otherwise than normal, (ii) within seven years of marriage, and (iii) soon before death there was cruelty or harassment in connection with dowry demand – Cour...
Criminal Law - Dowry Harassment – Conviction under Sections 306 and 498A IPC – Evidence Found Unreliable – Acquittal Ordered – Appellants were convicted of abetting suicide and subjecting deceased to cruelty over dowry and property demands – Prosecution relied primarily on testimonies of mother, brother and relatives of the deceased – Held: Evidence was either i...
Criminal Law – Appeal Against Acquittal – Multiple Murders – Family Dispute Over Property – Reversal of Conviction by High Court – Upheld – Allegation that respondents killed five relatives including mother, grandmother, sister and niece over inheritance issue – Trial court convicted three respondents and sentenced them to death based on testimony of two e...
Criminal Law - Dowry Death – Reversal of Acquittal Set Aside – Entire prosecution case based on circumstantial evidence in alleged murder of wife by husband and mother-in-law – High Court reversed acquittal based on inference that accused throttled the deceased and set her on fire to destroy evidence – Held: Circumstantial chain incomplete – Key links such as escape r...