Criminal Law – Dying Declaration – Appellants convicted based on dying declarations of deceased – Two dying declarations recorded, first by police in presence of doctor, second under Section 164 Cr.P.C. by Judicial Magistrate – Court scrutinized consistency and voluntariness of statements – Found statements reliable and made in fit state of mind – Deceased consistently named Amir Mallick in both declarations but omitted Gudia @ Guria in second statement before Magistrate – Conviction of Amir Mallick upheld, Gudia @ Guria acquitted on benefit of doubt [Paras 1-33].

Witness Testimony – Reliability – P.W. 1 (husband of deceased) declared hostile, did not support prosecution’s case – Defense witnesses attempted to challenge credibility of dying declarations – Court emphasized consistency of deceased’s statements and presence of doctors during recording – Minor discrepancies in witness statements deemed immaterial [Paras 10-22].

Motive – Property Dispute – Evidence showed consistent motive related to property dispute between deceased and in-laws – Deceased demanded joint ownership in property registered solely in husband’s name – Step-relationship among family members contributed to motive [Paras 27-30].

Decision – Appeal partly allowed – Conviction of Amir Mallick for life imprisonment affirmed – Gudia @ Guria acquitted and ordered to be released [Paras 34-36].

Criminal Conspiracy – Adulterous Relationship – Murder – Evidence – Prosecution proved beyond doubt that the first accused, Nino Mathew, committed the murders of Omana and Swasthika and attempted to murder PW1 in furtherance of a criminal conspiracy with the second accused, Anu Shanthi, with whom he had an adulterous relationship – Evidence included testimony of PW1 identifying the voice and presence of the first accused, material recoveries, forensic evidence, and eyewitness accounts [Paras 2-43, 63].

Circumstantial Evidence – Section 106 of Indian Evidence Act – The burden of proving facts within the special knowledge of the accused lies on them – First accused failed to explain his presence at the crime scene and possession of stolen items, thereby strengthening the prosecution's case [Paras 61-62].

Admissibility of Evidence – Recovery of Material Objects – MOs 1, 2, 5, 9-11, and 21-24 recovered based on the first accused's disclosure statement under Section 27 of Indian Evidence Act were admissible and corroborated the prosecution's case – Forensic reports confirmed the presence of blood on weapons and clothing, matching the victims’ blood group [Paras 50-52].

Rarest of Rare Doctrine – Death Penalty – Trial court's imposition of the death penalty on the first accused confirmed – Crime deemed to fall within the ‘rarest of rare’ category due to its brutal nature, conspiracy, and motive driven by adulterous relationship – Sentence also included fines and compensation to victims' family [Paras 7, 12-13, 67].

Information Technology Act – Section 67A – Both accused found guilty under Section 67A for transmitting explicit content – Evidence showed exchange of sexually explicit photographs and videos between accused [Paras 39, 68].

Decision: Appeals dismissed – Convictions and sentences, including death penalty for the first accused, upheld – Compensation ordered for victims’ family [Paras 33, 67].
 

Sanction for Prosecution – Validity – Evidence Act – Requirement of proving sanction for prosecution under Prevention of Corruption Act – Non-examination of sanctioning authority – Appellant’s challenge to the sanction order as being issued without considering relevant documents – Court’s satisfaction with sanctioning authority’s application of mind – Held, sanction for prosecution was valid and properly granted [Paras 6-9].

Demand and Acceptance of Bribe – Evidence – Role of Accomplice – Evidence of PW6 (decoy witness) and PW2 (approver) corroborated by independent witness PW4 and trap laying officer PW7 – Conviction based on evidence of demand and acceptance of bribe corroborated by phenolphthalein test – Presumption under Section 20 of the PC Act invoked – Held, prosecution proved case beyond reasonable doubt [Paras 10-18].

Decision: Appeal dismissed – Conviction and sentence by the trial court upheld.

Adverse Possession – Mandatory Injunction – Joint Possession – Plaintiffs purchased ½ share of property from a co-owner and sought mandatory injunction for defendants' eviction – Defendants claimed adverse possession and exchange of property – Courts found defendants to be licensees, not co-owners – Defendants not entitled to protection under Section 44 of Transfer of Property Act – Suit for mandatory injunction held proper without need for partition suit [Paras 2-14, 19-25, 32].

Transfer of Property Act – Co-Owners – Section 44 does not grant joint possession to non-family members acquiring property – Defendants residing as licensees, not as co-owners – Other co-owner's rights unaffected by decree in favor of plaintiffs [Paras 7-10, 12-14].

Partition Act – Right of Pre-emption – Section 4 of Partition Act not applicable as defendants not co-owners – Plaintiffs' suit for possession valid without partition claim – Absence of other co-owner in suit not fatal to plaintiffs' case [Paras 19-24].

Easements Act – Licenses – Section 59 states transferees not bound by prior licenses – Plaintiffs terminated license before suit – Defendants' possession not adverse [Paras 30-31].

Decision:

Appeal dismissed – Judgment and decree of Additional District Court, Palakkad upheld – Plaintiffs entitled to mandatory injunction directing defendants to vacate the property [Paras 33].

Criminal Law – Bail Application – Online Fraud – Applicant, in judicial custody for alleged involvement in online fraud, sought bail. It was alleged that the applicant’s bank account was used for fraudulent transactions amounting to Rs. 13,11,900/-. The applicant contended that his account was misused by a friend without his knowledge. The prosecution, however, provided evidence suggesting the applicant was aware of and involved in the fraudulent activities [Paras 1-10].

Evidence and Investigation – Role of Account Holder – The court examined statements from the bank manager who noted unusual transactions in the applicant’s account and questioned the applicant, who initially claimed the funds were for business purposes. The manager’s testimony contradicted the applicant’s claim of reporting the matter to the police upon noticing irregularities [Paras 5-7].

Decision – Bail Application Rejected – Given the nature of the offense and the risk of repeat offenses if released, the court found no grounds to grant bail. The court emphasized that observations made in the bail order should not influence subsequent stages of trial [Paras 8-10].
 

Criminal Law – Quashing of FIR – High Court exercises its inherent powers under Section 482 Cr.P.C. to quash FIR No. 42/2015 – Dispute between parties found to be civil in nature – Petitioner alleged to have illegally occupied property despite expired license agreement – Court held no ingredients of cheating or criminal breach of trust established – Criminal proceedings deemed abuse of process of law [Paras 1-22].

Civil and Criminal Proceedings – Abuse of Process – Civil disputes being converted into criminal cases – Supreme Court guidelines discourage using criminal prosecution to settle civil disputes – Court quashes FIR based on predominant civil nature of dispute and concurrent civil suits pending – Emphasis on distinguishing civil remedies from criminal prosecution [Paras 18-20].

Decision – Quashing of FIR – Held – FIR No. 42/2015 quashed as it constituted an abuse of legal process – The dispute, primarily civil in nature, is being addressed in civil courts – Criminal proceedings cannot be used to settle civil matters – Observations made to have no bearing on ongoing civil suits [Para 21].

Criminal Law – Murder Conviction – Appeal against the conviction for the murder of Nem Singh – Conviction based on circumstantial evidence – Recovery of axe and blood-stained clothes from appellant’s house deemed insufficient as primary evidence under Section 27 of the Evidence Act – Conviction also questioned due to lack of clear motive and chain of evidence [Paras 1-48].
Circumstantial Evidence – Requirements for Conviction – Emphasis on the need for a complete chain of evidence excluding any hypothesis of innocence – Court held that mere suspicion cannot substitute proof beyond reasonable doubt – The importance of motive in circumstantial cases reaffirmed [Paras 30-31].
Recovery Evidence – Admissibility and Relevance – Critique of the lower court’s reliance on recovery of weapons and clothes under Section 27 of the Evidence Act – Absence of proper procedural adherence for disclosure statements – Court noted that conduct under Section 8 of the Evidence Act cannot solely ground a conviction [Paras 32-44].
Abscondence of Accused – Not sufficient for Conviction – Court held that mere abscondence cannot lead to a firm conclusion of guilt, emphasizing the need for corroborative evidence to substantiate charges [Paras 45-46].
Decision – Appeal Allowed – Conviction set aside – Appellant acquitted – High Court ruled that the prosecution failed to establish guilt beyond reasonable doubt – Appellant’s bail bonds canceled and sureties discharged [Para 48].
 

Jurisdiction – Criminal Procedure – FIR Quashing – Petitioner challenged the jurisdiction of the CJM, Jammu, to entertain a complaint leading to FIR No.79/2013 – Contended no part of the cause of action arose within territorial jurisdiction of Jammu – Court held CJM lacked jurisdiction under Section 156(3) CrPC as no event occurred within its territorial limits – Consequently, FIR and subsequent investigation by Police Station, Gandhi Nagar, Jammu quashed [Paras 1-13].

Criminal Law – Insurance Dispute – Nature of Claims – The grievance related to non-payment of insurance policy claims was deemed purely civil – Supreme Court precedents cited to emphasize such matters should not be given criminal coloration – No offence of cheating or forgery established against the petitioner-company – FIR quashed on merits [Paras 14-20].

Decision: Petition allowed – Held – CJM, Jammu, lacked jurisdiction to direct registration of FIR – FIR No.79/2013 and subsequent proceedings quashed as an abuse of process of law – Complaint deemed to be of civil nature without criminal offence [Paras 21-22].
 

Date of Birth – Dispute Resolution – Petitioner challenged the order directing completion of pension papers based on the erroneous date of birth – Contention that the correct date of birth is 22.04.1970, making the petitioner only 54 years old – Respondent’s standing order allows for such disputes to be resolved by the Labour Commissioner – Writ petition allowed – Petitioner given liberty to apply to the Labour Commissioner with proof of date of birth – Labour Commissioner to decide within three months after hearing both parties [Paras 2-6].

Retirement Age – Standing Orders – Provisions under Clause LL of the Standing Orders applicable – Emphasizes procedure for resolving disputes regarding date of birth for retirement purposes – Highlights the need for proper verification and consideration of reliable records including Provident Fund records, school certificates, municipal records, insurance policies, and other valid documents [Para 5].

Procedure – Application to Labour Commissioner – Petitioner instructed to file application with proof of date of birth to Labour Commissioner, who is to make a determination after providing opportunity for both parties to be heard – Emphasizes the obligation for timely disposal of such applications [Para 6].

Decision – Writ Petition Allowed – Orders for petitioner to apply to Labour Commissioner – Labour Commissioner to decide within three months – Pending applications disposed of accordingly [Paras 6-7].