Criminal Law – Murder Conviction – Accused-appellants convicted under Section 302 IPC for the murder of Vijay Bahadur Singh alias Aangnu – Trial court’s judgment affirmed by the High Court – Appeals challenged the reliability of witness testimonies and alleged major contradictions in evidence – High Court found significant contradictions and procedural errors leading to the acquittal of the appellants [Paras 1-50].

Witness Testimony – Reliability and Contradictions – High Court scrutinized witness testimonies, finding discrepancies in their statements regarding the incident – Notable contradictions between eye witnesses and investigating officers raised doubts about the prosecution’s case – Witnesses were related to the deceased, requiring careful scrutiny which led to finding the testimonies unreliable [Paras 26-33, 34-40].

Motive – Enmity – High Court assessed the alleged motive of enmity – Found insufficient and weak motive for committing the crime – Witness testimonies did not convincingly establish a strong motive against the appellants [Paras 49-50].

Decision: Appeals allowed – Convictions and sentences set aside – Appellants acquitted of charges – Directed to not surrender, bail bonds canceled, and sureties discharged [Para 51].

Criminal Law – Rape Conviction: The appellant was convicted of rape and penetrative sexual assault of his minor cousin, resulting in pregnancy. The trial court sentenced him to rigorous imprisonment for 10 years under Section 376 IPC and 7 years under Section 4 of the POCSO Act. The Himachal Pradesh High Court allowed the appeal, setting aside the conviction due to serious doubts about the prosecution’s story, unexplained delay in FIR, and conflicting evidence regarding the biological father of the victim’s child [Paras 1-38].

Witness Testimony – Credibility and Delay in FIR: The victim’s testimony was scrutinized for inconsistencies and unexplained delay in reporting the incident. The court emphasized the need for the victim’s testimony to be of high quality and consistent to be accepted without corroboration. The nine-month delay in lodging the FIR raised suspicions of fabrication, particularly given the strained relations between the victim’s and appellant’s families [Paras 13-16, 24-27].

DNA Evidence: DNA profiling revealed that the appellant’s younger brother, not the appellant, was the biological father of the victim’s child. This crucial evidence undermined the prosecution’s case and supported the appellant’s claim of innocence [Paras 22, 31].

Decision: Appeal allowed. Conviction and sentence set aside. The appellant was ordered to be released forthwith, with directions for the preparation of a release warrant and provision for personal bond under Section 437A Cr.P.C. [Paras 38-39].

Impleadment of Additional Defendants – Criteria – Plaintiff's failure to substantiate claims of proposed defendants' rights over the property – Mere information without supporting evidence insufficient – Impleadment application rightly dismissed by Munsiff's Court [Paras 2-4].

Removal of Advocate Commissioner – Grounds – Plaintiff’s objections regarding Commissioner's conduct during property measurement found to be trivial – Proper procedure for land measurement highlighted – Trial court's rejection of removal application upheld [Paras 5-6].

Article 227 Jurisdiction – Scope and Limitations – High Court's supervisory role not to re-appreciate evidence or correct all errors – Intervention warranted only in cases of serious dereliction of duty or flagrant violation of law – Orders of Munsiff's Court found to be within jurisdiction and free from patent illegality [Paras 7-9].

Decision: Petition dismissed – Orders of Munsiff's Court upheld – Emphasis on due process and proper legal procedure in land measurement and boundary fixation disputes.

Bail – Grounds for Granting – Petitioner, a 22-year-old female student, sought bail after being in judicial custody for over seven months – Alleged involvement in a conspiracy with parents to kidnap a minor child for ransom – Prosecution claimed petitioner was the mastermind, but evidence primarily implicated parents – Supreme Court precedents emphasize bail as rule, detention as exception, especially for women – Bail granted with stringent conditions [Paras 1-18].

Conspiracy and Kidnapping – Allegations of financial crisis leading to kidnapping for ransom – Prosecution's claim of petitioner's role as key planner – Evidence includes notebook with detailed plan, CCTV footage, and victim's statement – Court noted petitioner's educational pursuits and lack of criminal antecedents as factors favoring bail [Paras 2-10].

Judicial Principles – Reference to Supreme Court rulings on bail principles, particularly for women – Cited cases emphasizing presumption of innocence, right to speedy trial, and balancing societal impact – Court followed guidelines to ensure fair application of law [Paras 11-15].

Decision: Bail Application Allowed – Petitioner to be released on bail with conditions including regular reporting to the Investigating Officer, prohibition from entering Kollam District, and surrender of passport – Bail granted considering petitioner's age, educational status, and absence of prior criminal record [Paras 16-19].

Winding Up – Execution of Decree – Permission to Proceed – Application for permission to execute a decree obtained from Madras High Court against a company undergoing winding up – Petitioner granted leave to continue suit previously – Execution sought amidst objection of Official Liquidator citing lack of funds and priorities of secured creditors – Court held execution of decree as continuation of suit, permission for which was already granted [Paras 1-46].

Leave Under Section 446 – Continuation and Execution of Decree – Section 446 requires leave for continuation of suits against companies in winding up – Supreme Court precedent indicates no need for separate leave for execution of decree if leave for suit continuation was granted – Court upheld this view, enabling decree execution by petitioner [Paras 27-46].

Decision: Application allowed – Permission granted to petitioner to execute the decree passed by Madras High Court – Order emphasizes procedural propriety and equitable consideration of creditor’s efforts over 20 years [Paras 44-46].
 

Criminal Law – Murder Conviction – Reliance on Evidence – A1, A2, and A3 were convicted of murder and related offenses. Witnesses PW1 to PW3 initially supported the prosecution but later turned hostile. The FIR’s timing was questioned, and discrepancies were found in the Accident Register. Prosecution’s failure to conclusively establish involvement of A2 and A3 led to their acquittal. A1’s involvement was established, but the nature of the offense was reconsidered under Section 304 (I) IPC due to lack of premeditation and the use of a found object as a weapon [Paras 1-18].

Evidentiary Issues – Hostile Witnesses – Witnesses, initially supporting prosecution, turned hostile upon recall, rendering their testimonies unreliable. FIR timing and entries in the Accident Register raised doubts about the prosecution’s case against A2 and A3, resulting in their acquittal [Paras 9-13].

Mens Rea and Intent – The court re-evaluated A1’s intent, finding insufficient evidence of premeditation and concluding that the single stab wound, inflicted with a found object, did not constitute murder but culpable homicide not amounting to murder under Section 304 (I) IPC [Paras 14-18].

Decision: Appeal by A2 and A3 (Crl.A.No. 338 of 2019): Allowed; Convictions and sentences set aside. Appellants acquitted of all charges.

Appeal by A1 (Crl.A.No. 329 of 2019): Partly allowed; Conviction for murder under Section 302 IPC modified to Section 304 (I) IPC with a reduced sentence of seven years rigorous imprisonment and a fine of Rs. 5,000/- [Paras 18-19].

Amendment of Written Statement – Court’s Discretion – The petitioner sought to amend the written statement to include an additional plea related to a prior agreement to sell and its subsequent cancellation – Trial Court rejected the application – High Court allowed the amendment, emphasizing that it would not change the nature of the defense or cause prejudice to the respondent – Amendment was allowed subject to the payment of costs due to the petitioner’s previous delays in the case [Paras 1-7].

Liberal Approach to Amendments – Citing Supreme Court precedents, the Court highlighted that amendments should generally be allowed if they are necessary for resolving the real issue in controversy and do not cause injustice to the other party – The Court rejected a hypertechnical approach to amendments, favoring a more liberal stance, particularly when amendments are sought before the trial's conclusion [Paras 5-6].

Costs Imposed – Given the petitioner’s history of delays, the Court imposed costs of ₹30,000 to be paid to the respondent as a condition for allowing the amendment [Para 7].

Decision:

Revision petition allowed. The petitioner is permitted to amend the written statement subject to the payment of ₹30,000 in costs to the respondent.

Bail Application – Proclaimed Offender – The petitioner sought bail after being declared a proclaimed offender in 1992 for his alleged involvement in a police encounter resulting in the deaths of police officers – The petitioner argued that he was falsely implicated by the police after they allegedly tortured and killed his brother and family members in an extrajudicial encounter – The Court denied the bail application, citing sufficient prima facie evidence connecting the petitioner to the incident and the gravity of the charges [Paras 1-13].

Judicial Findings – Prima Facie Evidence – The Court found that the investigation conducted provided sufficient evidence indicating the petitioner’s involvement in the attack on the police – The fact that the petitioner had evaded arrest for over 30 years was not considered a valid ground for granting bail [Paras 13-15].

Liberty to Surrender – The petitioner was granted liberty to surrender before the Sessions Court and file a fresh bail application on additional grounds, with the trial court requested to expedite the decision on the new bail petition [Para 14].

Decision:

Bail petition dismissed. The interim order was vacated, and the petitioner was directed to surrender before the Sessions Court by August 7, 2024, with liberty to file a fresh bail petition.

Amendment of Written Statement – Subsequent Events – Tenants sought to amend their written statements during the pendency of their rent appeals to bring on record subsequent events that allegedly negated the landlord's bona fide necessity – The applications for amendment were filed four years after the subsequent events and were dismissed by the Appellate Authority, leading to these revision petitions [Paras 4-5].

Malafide Intentions – The Court found that the tenants’ delay in seeking the amendments was indicative of malafide intentions to delay the proceedings – The subsequent events were not brought to the Court's attention promptly, and the amendments sought were not deemed necessary for the effective adjudication of the case [Paras 9-10].

Judicial Precedents – The Court referred to Supreme Court rulings emphasizing that amendments should be allowed when necessary for resolving the real issue in controversy and not cause injustice to the other party – However, in this case, the delay and lack of bona fides led to the dismissal of the amendment applications [Paras 7-8].

Decision:

Both revision petitions were dismissed. The Court upheld the Appellate Authority's orders rejecting the tenants’ applications for amendment of their written statements.