Criminal Law – Murder – Conviction under Section 302 read with Section 34 IPC – Double homicide – Four eye-witnesses consistently deposed that accused armed with deadly weapons assaulted deceased Bulaki Mandal and Hriday Mandal till death – Minor inconsistencies immaterial – Motive established from prior altercation over grazing of crops – Concurrent findi...
Criminal Law – Quashing of FIR – Civil dispute dressed as criminal offence – Joint Venture Agreement (JVA) for property development – Allegations of false representation, non-refund of security deposit, suppression of litigation and forged document – Court must examine FIR along with admitted documents to assess whether cognizable offence made out – Where disput...
Constitution of India – Article 21 – Right to Life and Personal Dignity – Rights of Prisoners – Confinement and Rehabilitation – Held: Prisons are not spaces where constitutional values cease to operate. The guarantee of life and personal dignity under Article 21 extends beyond prison gates, obliging the State to ensure incarceration does not degenerate into inhumanit...
Criminal Law – Inherent Power under Section 482 CrPC – Quashing of FIR – Court reiterated that inherent jurisdiction can be exercised where allegations, even if taken at face value, do not disclose commission of offence and continuation of proceedings would amount to abuse of process – Proceedings arising out of P.S. Case No.408/2023 quashed [Paras 6, 15–16].
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Criminal Law – Suspension of Sentence – Post-Conviction Bail under Section 389 Cr.P.C. – Appellant convicted for conspiracy, fabrication of evidence and culpable homicide not amounting to murder in case relating to assault and custodial death of father of minor rape victim – Maximum sentence of 10 years rigorous imprisonment awarded, sentences directed to run concurrently &...
Preventive Detention – Goonda Act – Live and Proximate Link – Detention order passed on 30.08.2025 relying on criminal cases registered between 2019 and 2024 – Last crime dated 15.03.2024 – Gap of more than 16 months between last offence and detention order – Held: Absence of live and proximate link between past conduct and imperative need for detention – ...
Criminal Law – Murder – Unlawful Assembly – Section 302 read with Section 149 IPC – Dismissal of Appeals – Accused persons convicted for murder of deceased by brutally assaulting him with swords and guptis resulting in multiple incised, stab and chop injuries – Prosecution relied on eyewitness testimony, extra-judicial confession, recovery of blood-stained weapo...
Anticipatory Bail – Economic Offence – Cheating in Commercial Transactions – Petitioner allegedly induced complainant to supply large quantity of basmati rice by offering higher than market rates and representing assured payment within 10–12 days – Part payment of Rs. 8 lakhs made to gain confidence – Subsequent non-payment and alleged threats – Multiple s...
Criminal Law – Assault on Minor – Injured Witness – Conviction under Section 324 IPC Affirmed – Appellants assaulted minor victim with iron rod causing bleeding head injuries – Injured victim’s testimony found cogent, natural and corroborated by medical evidence and eyewitnesses – Minor discrepancies as to time of incident held immaterial – Evidence ...
Criminal Law – Murder – Section 302, Indian Penal Code, 1860 – Conviction Confirmed – Prosecution established motive, preparation, recovery of the dead body, and medical/scientific evidence forming a complete chain of circumstantial evidence against the accused for the murder of a 3.5-year-old child – The accused harbored hatred towards the child's mother and gran...