Sentencing – Social Consequences and Culpability – Appellant sold spurious liquor leading to one death and severe illness in multiple individuals – High Court enhanced sentence considering the severe impact of the appellant’s actions – Supreme Court affirmed that the harmful consequences are relevant for determining the sentence​​.

Kerala Abkari Act – Sections 55, 57A – Punishment – Appellant convicted under Sections 55(a), 55(i), 57A, and 58 – Minimum sentence under Section 57A(2)(ii) upheld – Enhanced sentence justified due to death and grievous hurt caused by the spurious liquor sold by the appellant​​.

Decision: Appeal partly allowed – High Court’s enhancement of sentence from two years to five years rigorous imprisonment justified – Sentence reduced to three years rigorous imprisonment considering the reduction in a similar case – Fines imposed by lower courts remain unchanged​​.

Workmen’s Compensation – Death during Employment – Deceased, a truck driver, died due to health issues while on duty – Workmen’s Compensation Commissioner awarded compensation – High Court set aside the award – Supreme Court restored Commissioner’s award, finding a causal connection between the stress of driving and the death, and upheld the adoption of the appellant [Paras 9-28].

Adoption Validity – Legal Requirements – Adoption deed's validity questioned due to lack of registration and formal ceremony – Supreme Court upheld adoption based on evidence of the adoption deed, witness testimonies, and ration card entries showing the deceased as the adoptive father – Reiterated that registration of adoption deed not mandatory under Section 17 of Registration Act [Paras 10-16].

Compensation Entitlement – Employment Connection – Deceased’s death occurred during continuous driving – Supreme Court found driving a material contributory factor to the death, fulfilling the requirement for compensation under Section 3 of Workmen's Compensation Act [Paras 17-28].

Decision: Appeal allowed – High Court's order set aside – Commissioner’s order restored – Compensation awarded to appellant as the deceased's adopted son.

Criminal Law – Hostile Witness – Court's Approach – Testimony of a hostile witness is not to be rejected entirely – Court can rely on parts of the testimony that are credible – Appellant's daughter, although declared hostile, provided testimony supporting the prosecution's case about the appellant's presence and actions during the incident​​.

Murder Conviction – Section 302 vs. Section 304 – Single Blow – The appellant killed his wife with a wooden log in a fit of anger suspecting her character – The incident involved a single blow – Court held that not all cases with a single blow necessarily fall under Section 302 IPC – Considering the factual scenario, the nature of the offence, and circumstances, the conviction under Section 302 IPC was altered to Section 304 Part-I IPC​​.

Decision: Appeal partly allowed – Conviction and sentence under Section 302 IPC set aside – Appellant convicted under Section 304 Part-I IPC – Sentence of life imprisonment substituted with 10 years imprisonment.

Criminal Law – Appreciation of Evidence – Hostile Witness – Court is not precluded from taking into account the statement of a hostile witness entirely – Testimony can be relied upon to the extent it is corroborated by reliable evidence – Witnesses react differently under different situations, and their testimony should be scrutinized accordingly​​.

Conviction Based on Eyewitness Testimony – Delayed Examination – Sole eyewitness testimony found unreliable due to unnatural conduct and delayed reporting of the incident – Conviction based on such testimony is unsustainable​​.

Decision: Appeal allowed – Conviction and sentence set aside – Appellants acquitted and ordered to be released unless required in connection with any other case.

Government Contract – Petroleum Dealership – Cancellation of Allotment – Authority empowered to appoint is the competent authority to decide on discarding the panel and fresh selection – Multiple rounds of interviews and complaints led to findings of irregularities – Fresh selection preferable over rearranging a vitiated panel​​.

Selection Process – Inquiry and Complaints – Investigation revealed errors in the evaluation of financial capability and non-compliance with required documents – Fresh selection recommended by the competent authority based on investigation findings​​.

High Court Interference – Article 226 – High Court should not interfere with the decision of the competent authority to cancel the selection when irregularities are detected – Fresh selection process upheld​​.

Decision: Appeal allowed – Order of the Bombay High Court set aside – Competent Authority given liberty to re-advertise and make a fresh selection in accordance with law.

Retiral Benefits – Withholding due to Criminal Proceedings – Appellant retired from Punjab National Bank (PNB) and his gratuity, leave encashment, and pension commutation were withheld due to pending criminal proceedings – Acquitted of charges and sought interest on delayed payment of benefits​​.

Payment of Gratuity Act – Section 7(3A) – Interest on Delayed Payment – Employer required to pay gratuity within 30 days from the date it becomes payable – If delayed, interest at the rate notified by the Central Government – Proviso allows withholding interest if delay due to employee’s fault and with controlling authority’s approval – Appellant not at fault due to acquittal, entitled to interest on delayed gratuity​​.

Regulation 46 of PNB Pension Regulations – Withholding Gratuity – Gratuity can be withheld during pending judicial proceedings – Provision does not negate entitlement to interest for delayed payment if employee not at fault – Entitlement under Gratuity Act overrides provisions under Regulation 46​​.

Decision: Appeal allowed – Appellant entitled to interest on delayed payment of gratuity at the rate notified by the Central Government or 8% if no rate notified – PNB directed to pay interest and costs to the appellant​​.

Murder – Dying Declaration – Conviction – Appellant accused of murdering his wife by setting her on fire – Dying declaration made by the deceased implicated the appellant – Declaration recorded by Naib Tahsildar after certification of fitness by doctor – Appellant argued discrepancies in evidence and lack of kerosene smell should invalidate conviction – Court held dying declaration met all legal requirements and was credible​​.

Dying Declaration – Credibility and Reliability – Court upheld dying declaration as it fulfilled prescribed conditions – No substantial discrepancies between dying declaration and FIR – Lack of kerosene smell on bed sheet, quilt, and pillow not sufficient to discredit prosecution’s case​​.

Sentence – Reduction from Section 302 to 304 – Court rejected argument for reducing conviction to Section 304 Part II IPC despite appellant's attempt to extinguish fire – Evidence showed appellant's culpability for murder​​.

Decision: Appeal dismissed – Conviction and sentence under Section 302 IPC upheld – State directed to consider appellant’s release as per Jail Manual if applicable​​.

Quashing of FIR – Delay in Lodging FIR – FIR filed after an extraordinary delay of six years raises serious doubts about the allegations' veracity – Allegations against appellants (in-laws) were general and vague – Court found continuation of proceedings against appellants 1, 2, and 3 to be an abuse of process of law – FIR quashed insofar as it relates to in-laws – Proceedings to continue against appellant-husband​​.

Jurisdiction – Part Cause of Action – High Court’s view that part cause of action occurred within its jurisdiction was upheld – FIR cannot be quashed on jurisdictional grounds​​.

Decision: Appeal allowed – FIR quashed insofar as it relates to appellants 1, 2, and 3 – Proceedings against appellant-husband to continue as per law without influence from the court’s observations on in-laws’ allegations​​.

Service Law – Probation and Termination – Appellant, a Judicial Member of CESTAT, discharged without confirmation after three years – Discharge order based on complaints from Bar members – High Court quashed discharge order for non-compliance with notice requirement under Rule 9(2) – Supreme Court held discharge order stigmatic and punitive, requiring formal inquiry under Article 311(2)​​.

Probation and Confirmation – Rules Interpretation – Rule 8 provides for probation extension up to three years – Rule 9(2) requires one month’s notice for termination if not confirmed after three years – Discharge without notice held arbitrary and colorable exercise of power​​.

Service Reinstatement – Appellant entitled to reinstatement with full back wages due to arbitrary discharge – Supreme Court directed Union of India to release all consequential benefits within two months​​.

Decision: Appeal by Union of India dismissed – Appeal by Pradip Kumar allowed – Order of discharge set aside – Appellant reinstated with full back wages and consequential benefits​​.