Criminal Law - Murder vs. Culpable Homicide – Reclassification to Section 304 Part II IPC – Intent to Kill Not Established – The appellant was convicted for murder under Section 302 for stabbing a police constable during a raid – However, the injury was on the wrist, not a vital part, and occurred during a scuffle when the appellant was trying to escape arrest – Held: No clear intention to kill was established – Conviction under Section 302 altered to Section 304 Part II IPC [Paras 18-19].

Police Testimony – Sole Reliance – Credibility Upheld – All eyewitnesses to the incident were police officers – Court relied on consistent and corroborated testimonies from multiple officers, citing legal precedent that police evidence can be the basis of conviction if found credible – No independent civilian witnesses were available due to the nature of the raid [Paras 11-12].

Medical Evidence – Non-Vital Injury Led to Death – Injury on the deceased’s left arm ruptured brachial vessels and caused death due to shock – PM doctor confirmed the wound could cause death, but not necessarily inflicted with intent to kill – Held: Injury sufficient in ordinary course to cause death, but intent not proven [Para 10].

Final Decision – Conviction Modified – Life Imprisonment Set Aside – Conviction altered to Section 304 Part II IPC – Appellant sentenced to 10 years rigorous imprisonment and ₹5,000 fine – Ordered release if not required in any other offence [Para 20].

Insurance Claim – Non-Disclosure of Previous Policy – Proposal Form Left Blank – Claim Allowed - Petitioner’s wife died of heart attack; LIC repudiated death claim citing non-disclosure of earlier policy taken three months prior – Proposal form had column for previous policies left blank, allegedly under LIC agent’s advice – Court held: Mere omission in column 9 not deliberate suppression; LIC already held policy data, and failure to verify or seek clarification before issuing policy bond constituted waiver – Held: No fraudulent intent proved; rejection arbitrary and contrary to Section 45 and SC rulings – Impugned orders set aside; LIC directed to release insured amount within six weeks [Paras 10–28].

Bail – Jurisdiction of Magistrate – Offences under SC/ST Act and IPC Section 409 – Bail Order Set Aside - The learned Magistrate rejected remand of accused but also granted bail in offences triable by Sessions/Special Court including under SC/ST Act and Section 409 IPC – Held: Though rejection of remand was within discretion of Magistrate, granting bail was beyond jurisdiction – Victim not heard as required under Section 15A(3) SC/ST Act – High Court held Magistrate’s order granting bail without jurisdiction was legally unsustainable – Appeal partly allowed; remand rejection upheld, bail order set aside [Paras 6-13].

Bail - NDPS Offense – Commercial Quantity – Application of Section 37 – Bail Granted – Petitioner accused of possessing 71 Buprenorphine injections, constituting commercial quantity under FSL report – Despite applicability of statutory bar under Section 37, prolonged incarceration of 1 year and 5 months invoked constitutional protection under Article 21 – Held: Bail granted subject to strict conditions [Paras 6-11].

Clean Antecedents – No Prior Criminal Record – Considered Favorably – Petitioner had no criminal history and undertook not to indulge in any future NDPS Act offense – Assurance accepted as mitigating factor justifying conditional release [Paras 2, 4].

Prolonged Pre-trial Custody – Grounds for Bail – Article 21 Consideration – Noted by Court that trial had not commenced and petitioner was in custody for over 1.5 years – Delay in trial held to be unjustified restraint on liberty – Conditional liberty granted to ensure fairness and avoid irreversible injustice [Paras 10-13].

Comparative Precedents – Supreme Court Bail Orders Followed – Cited series of SC judgments including Chitta Biswas, Rajib Dey, and Tajmul SK cases granting bail in commercial quantity NDPS cases with long incarceration – Held: Constitutional guarantee of liberty prevails over statutory embargo when trial delay is substantial [Paras 9, 11, 12].

Firearm Restrictions – Bail Condition – Court imposed prohibition on possession of arms post-release, citing need to protect society and deter intimidation of witnesses – This measure based on preponderance of probability rather than certainty [Para 20].

Decision – Petition Allowed – Bail Granted – Regular bail granted to petitioner under strict compliance terms including personal bond, prohibition on weapon possession, and cooperation with trial – State at liberty to seek cancellation of bail upon any future NDPS offense by petitioner [Paras 15-26].
 

Taxation Law - Wealth Tax – Urban Land – Building Under Construction – Taxability Upheld - ITAT excluded respondent’s land under construction from wealth tax by relying on Rohini Hotels case – High Court held this reliance misplaced in light of Supreme Court’s later decision in Giridhar G. Yadalam v. CWT which reversed Rohini Hotels – Held: Land with partially constructed buildings does not qualify for exclusion under Section 2(ea); exemption applies only when building is fully constructed and approved – Appeals allowed, ITAT orders set aside [Paras 3–23].

Criminal Law – Murder – Appeal Against Conviction  – Circumstantial Evidence – Last Seen Theory and Recovery of Bloodstained Articles – Conviction Set Aside - Appellant was convicted for murder of his foster daughter based solely on circumstantial evidence – Prosecution relied on last seen theory, recovery of bloodstained pant, and alleged improper motive – Court held last seen theory not proved due to lack of corroborative witnesses and uncertain timeline – Ownership of pant not established – No conclusive proof of motive or sexual assault – Chain of circumstances incomplete and failing the test in Sharad Birdhichand Sarda v. State of Maharashtra – Held: Prosecution failed to prove guilt beyond reasonable doubt, conviction unsustainable, appellant acquitted [Paras 14-24].

Gratuity – Applicability of Payment of Gratuity Act to Zilla Parishad Employees – PG Act Held Applicable - Petitioners (Zilla Parishad, Washim) challenged orders of Controlling Authority directing payment of gratuity under the PG Act to retired health workers – Petitioners contended employees were covered under Maharashtra Civil Services Rules and hence excluded under Section 2(e) of PG Act – Court held Zilla Parishad is a local self-government body and not part of Central or State Government – In absence of exemption under Section 5 and in light of overriding Section 14, PG Act applies – Dismissal of petitions upheld validity of Controlling Authority’s orders including interest component – Held: Zilla Parishad liable to pay gratuity under the PG Act, with 10% interest from date of application till deposit [Paras 8-19].

Criminal Law – Quashing of FIR – Allegations of Sexual Harassment and Intimidation – Petition Dismissed – Petitioner sought quashing of FIR under Sections 354, 354A, 506 IPC, alleging false implication by his niece-in-law – The Court noted that FIR disclosed specific acts of molestation and intimidation occurring over a sustained period – Held: Allegations, if taken at face value, prima facie disclosed commission of cognizable offences – Mere absence of such claims in parallel proceedings or assertions of malafide cannot justify quashing at preliminary stage – Petition dismissed [Paras 2–13].

Criminal Law - Motor Vehicle Accident – Rash and Negligent Driving – Sections 279 and 304(A) IPC – Conviction Set Aside – The accused was convicted by the Trial Court and the same was upheld by the First Appellate Court for allegedly causing death by rash and negligent driving – Held: Prosecution failed to establish rashness or negligence beyond reasonable doubt – Sole eyewitness PW-1 found to be unreliable, with contradictory testimony and no corroboration from other witnesses – Postmortem report indicated presence of alcohol in deceased’s body – Benefit of doubt extended to accused – Conviction and sentence quashed [Paras 12–20].

Eyewitness Testimony – Reliability – PW-1's Presence at Scene Disbelieved – PW-1 claimed to be eyewitness but admitted visiting hospital on call from accused and signing documents at police station – Held: Testimony found doubtful and inconsistent – No other eyewitness supported the prosecution version – Spot mahazar not supported by credible firsthand account – Conviction cannot rest solely on untrustworthy evidence [Paras 13–14].

Speed and Rashness – Mere High Speed Not Equivalent to Rash Driving – Reference to Supreme Court Judgment in State of Karnataka v. Satish (1998) 8 SCC 493 – Held: No material on record showing actual speed or driving behaviour of accused to infer rashness – High speed, without context, not enough to establish offence under Section 279 IPC [Paras 15–17].

Foreseeability and Contributory Negligence – Influence of Alcohol on Deceased – Postmortem showed strong traces of alcohol in deceased – Held: Prosecution failed to show foreseeability or breach of duty by accused – In absence of clear proximate cause linking accused’s conduct to the fatal accident, conviction unsustainable [Paras 18–19].

Final Decision – Acquittal Ordered – Revision allowed – Conviction and sentence by Trial and Appellate Courts set aside – Fine, if paid, to be refunded [Para 20].