Criminal Law – Murder Conviction under Section 302 IPC – Conviction Affirmed – The appellant challenged the concurrent findings of the Trial Court and High Court convicting him for murder on several grounds including contradictions in medical and ocular evidence, delay in FIR, defective investigation, non-examination of witnesses, and denial of alibi – The Supreme Court fou...
Criminal Law - Dowry Death – Section 304B IPC – Section 113B Evidence Act – Conviction Affirmed – Deceased married about 2½ years before death – harassment and demand for dowry (including TV) proved – she left matrimonial home, returned after panchayat settlement two months prior to death – death by burns on 13.10.1988 not under normal circumstances...
Criminal Law - Mercy Jurisdiction – Article 72 – Grounds for Judicial Review – Extremely Narrow – Petition Dismissed – Challenge to the President’s rejection of pardon in a death penalty case – Court reiterates that judicial review lies only for no consideration, consideration on wholly irrelevant grounds, irrationality, discrimination, or mala fides; pres...
Criminal Law – Culpable Homicide – Conviction Restored – Deceased Ram Swaroop was beaten with lathis by accused Gujarmal and his sons Maharaj Singh and Bachan Singh following a dispute over a camel damaging crops – Death resulted from severe head injuries – Trial court convicted under Section 304 Part I read with Section 34 IPC and sentenced to 10 years’ RI &nda...
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 – 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 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 – Murder & Attempt to Murder – Sections 302/149 & 307/149 IPC – Common Object – Convictions Affirmed in Part – Multiple accused tried for triple homicide following a village dispute; trial court convicted; High Court partly acquitted and treated one accused as juvenile; Supreme Court upheld convictions of five appellants and acquitted Raj Pal for ...
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...
Criminal Law - Appeal Allowed – Conviction under Section 302 IPC and Sections 25, 27 Arms Act set aside – Courts below erred in relying on doubtful recovery evidence – Prosecution failed to establish chain of custody of cartridges, bullets and pistol – Recovery from open space near place of occurrence not credible – Several discrepancies in investigation corroded pros...