Criminal Law – Abetment of Suicide – Mens Rea – Adequacy of Sentence – Section 306 IPC – Section 377 Cr.P.C. – State sought enhancement of sentence imposed on accused-husband convicted under Sections 498A and 306 IPC for wife’s self-immolation following repeated quarrels and physical abuse under intoxication – Evidence showed deceased committed suici...
Criminal Law – Rape – Sentencing – Section 376(1) IPC – Minimum sentence prescribed is 7 years unless Court records “adequate and special reasons” – High Court reduced sentence to 5 years without assigning any reasons – Held impermissible – Sentence below statutory minimum cannot be awarded absent cogent reasons [Paras 5-6, 21-23].
Sentencin...
Criminal Law – Murder – Dying Declarations – Deceased made six dying declarations (three written, three oral), first of which was exculpatory and termed the incident accidental – Subsequent declarations implicated husband and in-laws, citing dowry demands and forced concealment of truth – First declaration held to be under duress, recorded in presence of one accused, ...
Criminal Conspiracy – Misappropriation of Military Stores – Army Officer Convicted – Accused No. 1, Major E.G. Barsay, conspired with others to smuggle military stores from Dehu Vehicle Depot for illegal sale – Scheme meticulously planned during superior’s leave – Appellant arranged staff transfers, vehicle assignments, and dummy paperwork to facilitate theft &n...
Criminal Law – Illicit Liquor – Conviction under Punjab Excise Act – Appellants found transporting 18 cartons of whisky from Haryana to Delhi without permit – Samples sealed and sent to Excise Control Laboratory – Report confirmed contents as whisky – Trial court convicted accused under Section 61 – Conviction upheld by appellate and revisional courts &nda...
Criminal Law – Murder – Conviction – Appellant and co-accused allegedly entered victim’s home at night and assaulted family with deadly weapons – Deceased sustained sword injuries and died – Appellant identified as first assailant who stabbed deceased in abdomen – Conviction under Section 302 IPC confirmed based on credible testimony of injured and related...
Criminal Law – Sentence of Transportation for Life – Nature and Legal Effect – Petitioner convicted for murder under Section 302 IPC and sentenced to transportation for life – Held: Even before the 1955 amendment, such sentence did not necessarily involve deportation overseas – As per Pandit Kishori Lal v. King Emperor, transportation for life is to be treated as rigo...
Criminal Procedure – Cognizance of Offences Against Public Justice – Section 195 CrPC – Appellant, a Patwari, made a false report to Tehsildar alleging assault and theft by two individuals – Report ultimately found false and prosecution launched under Section 182 IPC – Held: Under Section 195(1)(a), no court can take cognizance of offences under Sections 172 to 188 IP...
Criminal Law – Murder – Reversal of Acquittal – Eyewitnesses supported prosecution version of the accused firing at deceased Rajpal Singh with licensed gun – Trial Court gave benefit of doubt due to delay in FIR entry and possible alternate explanation of injuries – High Court reversed acquittal and convicted under Section 302 IPC – Held: Though eyewitness testi...
Criminal Law – Section 149 IPC – Essential Ingredient – Unlawful Assembly – Five accused persons named and charged – Two acquitted – Evidence did not establish participation of any unnamed or unidentified persons – Held: In absence of proof of five or more persons, essential ingredient of unlawful assembly under Section 141 not met – Section 149 IPC ...