Negotiable Instruments Act – Dishonour of Cheque – Conviction and Sentence – Accused convicted by Trial Court and conviction confirmed in appeal – During pendency of criminal revision, parties filed joint application under Section 147 of the N.I. Act read with Section 359 BNSS seeking permission to compound offence – Held, Section 147 makes offence under Section 138 c...
Criminal Law – Culpable Homicide – Alteration of Conviction – Accused convicted under Section 304 Part-I IPC for assault with axe and thenga causing multiple fractures – No eye-witness to occurrence – Prosecution relied on statement of deceased recorded under Section 161 Cr.P.C. treated as dying declaration and testimony of P.W.5 – Medical evidence indicated dea...
Criminal Law – Attempt to Murder – Reduction of Sentence – Trial Court convicted accused under Sections 307, 326 and 324 IPC for inflicting four life-threatening stab injuries – Sentence of three years’ rigorous imprisonment imposed – High Court in revision confirmed conviction but reduced sentence to period already undergone (two months) on ground of lapse of 1...
Criminal Law – Defamation – Section 199 Cr.P.C. – “Person aggrieved” – Complaint filed by Bharatiya Janata Party represented by State Secretary – Authorization issued by President of State Unit – No material to show authorization by National Party – Held, complaint not instituted by competent person representing alleged aggrieved entity –...
Dacoity – Appreciation of Evidence – Failure to Prove Occurrence Beyond Reasonable Doubt – Trial Court presumed factum of dacoity without proper analysis – Material lapses in investigation including non-seizure of empty cartridges despite alleged firing by both sides, non-recovery of broken lock, and failure to verify alleged possession of Rs.6,000/- – No recovery of ...
Criminal Law – Bail – Interference with Order Granting Bail – Economic Offence – Accused alleged to have cheated complainant of over ₹6.5 crores by use of forged documents and multiple fake identities – High Court granted bail primarily on ground of parity with co-accused, filing of chargesheet and assumption that offences were triable by Magistrate – Held: Im...
Criminal Law – Sections 107, 306, 309, 114 of the IPC - Abetment of Suicide – Suicide Pact – Deceased and accused consumed organophosphate pesticide (Nuvacron) after opposition to their marriage – Deceased died, accused survived – Accused purchased poison and consumed it along with deceased – Held: Participation in suicide pact coupled with procurement of lethal...
Criminal Law – Circumstantial Evidence – Murder of Minor Child – Conviction based on three circumstances, namely, last seen together, recovery of bone remnants on information supplied by accused and DNA matching with biological parents – Held: Circumstances did not form complete chain leading only to hypothesis of guilt – Benefit of doubt extended – Conviction s...
Criminal Law - Appeal Against Acquittal – State challenged judgment of ASJ acquitting respondent of offences under Sections 326/341/506 IPC – Trial Court had convicted relying primarily on examination-in-chief of complainant – Appellate Court granted benefit of doubt due to hostile witnesses and evidentiary gaps – High Court held that findings of ASJ were cogent and well-re...
Criminal Law – Supplementary Report – Section 173(8) CrPC – Nature – Supplementary report forms integral part of primary report – Court must treat both reports conjointly – Cumulative effect of all reports to be considered before forming opinion on prima facie case [Paras 10, 17, 19].
Further Investigation – Submission of Final Report after Co...