Criminal Appeal No. 609 of 2016 – Appeal against the judgment and order of conviction under Section 302 of the IPC – Appellant convicted for the offense of setting his wife on fire resulting in her death – Appeal filed challenging the maintainability, sustainability, and legality of the judgment – Grounds raised questioning the credibility of the dying declarations, lack of reliable evidence, absence of motive, and absence of independent witnesses – Respondent argued that the dying declarations consistently named the appellant as responsible for the burns – Prosecution relied on the dying declarations as the basis for the crime. (Paragraphs 1-6)

Inconsistencies in the dying declarations – Critical analysis of the first dying declaration recorded by the Investigating Officer and the second dying declaration recorded by a Special Executive Magistrate – Discrepancies and shortfalls in the evidence – Lack of consistent information about the occurrence, nature of ill-treatment, and timing of the incident – Failure to examine the medical expert and failure to identify the thumb impression on the dying declaration – Doubts raised by the appellant’s burns and his statement that the wife set herself on fire – Lack of support from neighbors and the landlady in whose house the appellant and deceased resided. (Paragraphs 7-20)

Principles governing the evidentiary value of dying declarations – Reliance on Supreme Court judgments – Dying declarations to be evaluated based on the circumstances, consistency, opportunity of observation, capacity to remember, and absence of tutoring – Each case to be determined on its own facts – No absolute rule requiring corroboration of dying declarations – Dying declarations recorded by a competent Magistrate given higher weight than oral testimony – Reliability of dying declarations to be tested based on surrounding circumstances. (Paragraph 15)

Insufficient evidence to prove guilt beyond reasonable doubt – Lack of consistency in the dying declarations, discrepancies in the evidence, and shortcomings in the investigation – Failure to establish the sole responsibility of the appellant for the burns suffered by the deceased – Prosecution’s case not free from doubt – Appellant’s acquittal warranted. (Paragraphs 16-20)

Bengal Money Lenders Act, 1940 – Maintainability of suit – License to lend money – Whether the plaintiff requires a license to lend money under the Bengal Money Lenders Act, 1940 – Plaintiff’s claim of a one-time financial accommodation not constituting a moneylending business – Preliminary objection raised by defendant not sustainable. [Para 17, Para 18, Para 19]

Judgment on Admission – Admission by defendant – Whether there is an admission on the part of the defendant – Defendant’s acknowledgment of receiving the loan amount and existence of promissory note and account confirmations – Triable issues not raised by defendant – Case decided on admission. [Para 25, Para 26, Para 27]

Code of Civil Procedure, 1908 – Order XII, Rule 6 – Judgment on admissions – Granting speedy judgment based on admissions made by the defendant – Purpose of Order XII Rule 6 to prevent protraction of litigation by raising frivolous defenses – Defense based on concocted story not acceptable. [Para 24, Para 25]

Distinguishing Case Law – Applicability of judgments relied upon by the defendant – Differentiating the facts of the present case from the cases cited by the defendant. [Para 26]

Decree – Final Judgment – Plaintiff’s prayer for final judgment upon admission allowed – Case disposed of – Decree to be drawn accordingly. [Para 28]

Dowry Death – Bail – Grant of bail to accused No.1 – Allegations of demand for dowry and cruelty leading to suicide of deceased Meghana – Lack of material evidence to establish demand for dowry at the time of marriage – Deceased subjected to physical and mental torture after three months of marriage – Accused allegedly coercing deceased to bring additional dowry from her parental home – Alleged taunting and harassment regarding infertility – Deceased committed suicide by hanging herself – Petitioner in judicial custody since March 21, 2023 – Investigation completed, charge sheet filed – Grant of bail to petitioner/accused No.1. (para 1-17)

Prima facie case – Insufficiency of material – Lack of time proximity to establish cruelty soon before deceased’s death – Alleged harassment and assault by accused not accompanied by specific timing – No earlier complaints lodged against petitioner – Allegations of additional dowry and physical abuse require full-fledged trial for establishment. (para 13-14, 16)

Infertility as a factor – Alleged depression due to inability to conceive after three years of marriage – Deceased’s mental state attributed to infertility – Medical documents supporting treatment for infertility – No material to indicate cruelty related to dowry – Lack of evidence connecting infertility to the alleged offense. (para 15)

Conditions for bail – Personal bond and sureties – Regular appearance before the trial court – No tampering with prosecution witnesses – Non-indulgence in any further offenses – Informing the Investigating Officer/Court of any change in address/contact number. (para 11, 17)

Bail application – Petitioner seeking bail under Section 439 of CrPC – Accused aged 19 years – Incarcerated for one year and two months – FIR registered under various sections of IPC and Arms Act – Petitioner has no criminal antecedents – Claiming further pre-trial incarceration would cause irreversible injustice – Court considering nature of allegations, injuries inflicted, petitioner’s age, and being a first offender – Justifiability for further pre-trial incarceration at this stage – Bail granted subject to conditions. (Para 5-6)

Conditions for grant of bail – Imposing stringent conditions to address concerns of influencing investigation, tampering with evidence, intimidating witnesses, and flight risk – Bail conditions to be proportional and serve the purpose – Technology advancements reducing impersonation possibilities – Recovery of expenses incurred to trace the accused in case of flight risk – Alternative options to reduce dependence on surety and accommodate individuals without permanent addresses. (Para 8-10)

Terms and conditions of bail – Personal bond and surety to be furnished – Surrendering of weapons and firearms – Non-contact with victim and victim’s family – Procurement of a smartphone with specified details and compliance with location sharing – No multiple mobile numbers allowed – Prohibition from entering victim’s property and residence – Bail liable to be canceled for repeat offenses or breach of conditions – Bail conditions to balance the accused’s liberty and the need for a fair trial – Right to modify or delete conditions based on reasonability and violation of rights – Bail does not restrict further investigation. (Para 11-17)

Court’s concern for witness safety and prevention of repeat offenses – Conditions aimed at ensuring the accused does not repeat the offense and protecting witnesses, victim, and their families – Bail conditions should not deprive rights and liberties – Reciprocation of desirable behavior expected from the accused – Availability of the order for attestation without certified copies. (Para 18-19)

Writ Petition – Challenge to communication and appointment order – Allegations of lack of transparency and illegality in the selection process – Petitioner claiming to be more meritorious than the appointed candidate – Enquiry conducted, and report submitted stating no record of dispatching appointment orders – Petitioner continuously corresponding for updates and waiting for appointment order – No evidence produced to prove service of appointment order on petitioner – Lack of transparency and arbitrary appointment of respondent no. 5 – Deviation from mode of online correspondence specified in advertisement – Petition allowed partly – Communication quashed and set aside – Appointment order to be issued in favor of petitioner by cancelling respondent no. 5’s appointment – Claim of respondent no. 5 for the post of Clerk to be considered – No costs awarded. (Para 2-4, 13-20)

Education Law - Writ of Mandamus and Certiorari – Petitioner sought release of Class XII results withheld under the category 'Not Eligible' – Held, Clause 42(v) of CBSE Examination Bye-laws, which requires students to clear compartment exams in the first attempt, is valid – No grounds to rewrite the clause – Petitioner's challenge to the clause is legally untenable and fails to show a legal right for multiple attempts. [Paras 1-8]

Principle of Estoppel – Analysis – Court notes that the petitioner did not challenge Clause 42(v) prior to appearing for the examination – Challenge at this belated stage is barred by estoppel – Relief sought by the petitioner would not further his case since the clause he challenges is the one allowing provisional admission in Class XI. [Para 8]

Decision – Validity of CBSE Bye-laws Upheld – Court upholds the CBSE bye-laws as formulated by the expert body – No legal provision or precedent allows rewriting of the said bye-law – Concealment of material facts by the petitioner further disentitles him to relief. [Paras 8]

Criminal Law - Appeal against acquittal - Abetment to suicide - Essential ingredients of offense under Section 306 IPC - Evidence required to prove abetment - Merely insulting language or abusive behavior not sufficient for establishing abetment - Presence of evidence suggesting accused's intention to instigate deceased to commit suicide necessary for conviction under Section 306 IPC. (Para 6)

Criminal Law - Scope for interference in appeal against acquittal - Interference warranted only if judgment under appeal is perverse or based on a misreading of evidence - Disagreement of appellate court with trial court's view not a sufficient reason for interference. (Para 7)

Criminal Law - Applicant seeking leave to appeal against acquittal - Court's role in considering applicant's plea - Examination of trial court's judgment - Plausibility of trial court's conclusion - Absence of perversity in trial court's decision. (Para 8)

Criminal Law - Abetment to suicide case - Factors considered by trial court in acquitting the accused - Lack of proof of abetment - Deposition of complainant and her son - Failure to establish motive for abetment - Allegation of conspiracy unsubstantiated - Deceased's failure to report counterfeit currency incident to higher authorities during his lifetime. (Para 3)

Criminal Law - Suicide note - Content of the note - Insufficiency of details regarding abetment or reasons for it - Mention of conspiracy against the deceased by subordinate staff and RBI official - Insufficient to prove abetment to suicide. (Para 3)

Criminal Appeal – Rape case – Conviction and sentencing – Sole testimony of the victim – Need for corroboration – Failure to prove case beyond reasonable doubt – Contradictions and inconsistencies in victim’s statement – Lack of injuries and corroborating evidence – Delay in lodging FIR – Absence of independent witnesses – Acquittal of appellants. (Para 38)

Delay in lodging FIR – Failure to provide plausible explanation – Suspicion regarding the delay – Unexplained delay weakens prosecution’s case. (Para 22, 27)

Reliability of prosecutrix’s testimony – Need for corroboration – Inconsistencies and contradictions in victim’s statement – Lack of corroborating evidence – Testimony failing to inspire confidence. (Para 25, 28, 29)

Absence of injuries and corroborating evidence – Lack of medical support for victim’s claims – Inconsistencies between victim’s statement and medical report. (Para 18, 20)

Independent witnesses – Non-appearance in court – Failure to support prosecution’s version – Reliance on sole testimony of victim. (Para 6, 16)

SC/ST Act – Lack of evidence to establish caste-based motive or harassment – No evidence of victim being addressed by caste to humiliate her – Insufficient grounds to convict appellants under SC/ST Act. (Para 35)

Bail application under Section 439 CrPC – Petitioner charged under Section 21 of NDPS Act – Petitioner seeks bail on the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply – Criminal antecedents of petitioner – Court to consider role of accused, possibility of fleeing, and other circumstances – Previous criminal history not strictly considered at this stage – Quantity of contraband involved in the case not commercial – Rigours of S. 37 of NDPS Act not attracted – Bail conditions to be imposed to prevent repetition of the offense and ensure safety of society. (Para 1, Para 4, Para 8, Para 9, Para 11)

Conditions for granting bail – Personal bond and surety bond – Surrender of weapons – Provision of identification details – Single mobile number linked to Aadhaar card – Prohibition on influencing witnesses and tampering with evidence. (Para 16, Para 17, Para 18)

Bail conditions to have nexus to the purpose they serve and be proportional to that purpose – Liberty of accused and necessity of fair trial to be balanced – Conditions causing deprivation of rights and liberties to be avoided. (Para 21)

Bail order not restricting further investigation by police or investigating agency – Notice and opportunity to be given if additional sections added to FIR. (Para 25, Para 26)

Observations made in the order not an expression of opinion on the merits of the case – Trial court not to consider these comments. (Para 27)