Criminal Law – Abetment of Suicide – The conviction of the appellant for abetment of suicide under Section 306 IPC upheld. The evidence showed the appellant's demand for dowry and illicit relationship with his niece led to the wife committing suicide by burning herself. The Court found the postmortem and circumstantial evidence corroborated the prosecution's case​​.

Cruelty and Dowry Demand – Conviction under Section 498A IPC also upheld. Testimonies from the victim's family members indicated consistent dowry demands and harassment. The recovery of pledged jewelry and the testimonies about the appellant’s illicit relationship supported the charge of cruelty​​.

Evidence Act – Presumption of Abetment – The Court applied Section 113A of the Evidence Act, noting that the suicide occurred within seven years of marriage and was linked to cruelty and harassment by the husband. This presumption was reinforced by the testimonies and the sequence of events leading to the suicide​​.

Decision: Appeal dismissed – Conviction and sentences for both Sections 306 and 498A IPC affirmed. The sentences imposed by the High Court, including 10 years for abetment of suicide and 3 years for cruelty, were to run consecutively​​.

Criminal Law – Murder – Common Intention – The trial court erred by acquitting two accused for causing injuries despite sufficient evidence. The High Court reversed this acquittal, convicting them under Section 302/34 IPC. Both courts concluded that all three appellants participated in the crime. The High Court's decision was upheld, modifying the sentences to convictions under Section 304 Part-I read with Section 34 IPC due to lack of premeditation and acting in the heat of the moment​​.

Criminal Procedure – Alteration/Additions of Charges – The trial court has the authority to alter or add charges at any stage before trial conclusion if sufficient evidence suggests it. The appellate court can also alter or amend charges under Section 385(2) and 386 CrPC. Conviction for a lesser offence is permissible if the accused is not prejudiced by non-framing of specific charges, as supported by the judgments in Sanichar Sahni v. State of Bihar, Topandas v. State of Bombay, Willie (William) Slaney v. State of Madhya Pradesh, among others​​.

Evidence – Witness Credibility – The presence and testimonies of key witnesses (Paddamma PW.1 and Rangayya PW.6) were crucial despite doubts raised regarding their credibility. The evidence showed consistent accounts of the incident, reinforcing the conviction of the appellants​​.

Decision: Appeals partly allowed – Conviction under Section 302 IPC modified to Section 304 Part-I read with Section 34 IPC. Appellant Bhimanna's sentence of life imprisonment was reduced to the period already undergone, and he was ordered to be released forthwith unless required in another case. Yenkappa and Suganna were sentenced to 10 years of rigorous imprisonment​​.

Consumer Protection – Frivolous Litigation – The appeal by the bank involved a small monetary dispute over Rs. 15,000 for the insurance claim of a buffalo. The bank's actions were deemed frivolous and unnecessary, as multiple consumer dispute forums had already adjudicated the matter in favor of the respondent. The Supreme Court criticized the bank for escalating the dispute to the apex court despite clear findings by lower courts​​.

Judicial Efficiency – Small Claims – The Court emphasized that small and trivial matters should not be brought to higher courts unless they raise significant legal questions or affect a large number of persons. The bank was advised to resolve such disputes at their end to avoid burdening the judicial system​​.

Bank's Responsibility – Supporting Farmers – The judgment highlighted the role of Gramin Banks in supporting rural borrowers, particularly in situations of crop failure or cattle loss. It condemned the bank's practice of driving poor farmers to litigation, stressing the need for a more empathetic and supportive approach towards resolving disputes​​.

Decision: Appeal dismissed with costs – The appeal was dismissed, and the bank was directed to pay Rs. 10,000 in costs to the respondent within one month. The bank's total expenditure on litigation was noted to be disproportionate to the original claim amount​​.

Land Revenue – Mutation Application – The appellant’s application for mutation was initially allowed by the Naib Tehsildar. The Sub Divisional Officer, upon appeal, remanded the matter for fresh consideration. The Additional Commissioner subsequently dismissed the appellant’s revision, prompting a further revision to the Board of Revenue which restored the Naib Tehsildar's order. The High Court set aside the Board's order, deeming the second revision under Section 219 not maintainable​​.

Legal Interpretation – Section 219 of UP Land Revenue Act – The Supreme Court held that the second revision filed under Section 219 was maintainable. The Court emphasized that the amended provision of Section 219(2), which precludes further applications, was introduced in 1997 and does not apply to revisions filed before the amendment. Therefore, the appellant’s revision filed in 1994 was valid under the unamended provision​​.

Judicial Precedents – The Court referred to the procedural rules for the exercise of revisional powers and emphasized that the revision authority must adhere to statutory requirements for reference to the Board of Revenue. The judgment underscores that procedural amendments cannot retroactively affect pending cases​​.

Decision: Appeal allowed – The Supreme Court set aside the High Court’s order, reinstating the Board of Revenue's decision. The writ petition was restored to the file of the Allahabad High Court for hearing and consideration on merits​​.

Securities Law – Jurisdiction of SEBI – Issue of OFCDs: SEBI's authority to regulate the issuance of OFCDs by unlisted public companies examined – Supreme Court affirms SEBI's jurisdiction under Section 55A(b) of the Companies Act to administer provisions related to the issue and transfer of securities when the offer is made to fifty or more persons – Issue of OFCDs deemed to be public issues requiring compliance with mandatory listing provisions [Paras 21-24].

Corporate Autonomy – Compulsory Listing – Section 73 of Companies Act: Court addresses the balance between corporate autonomy and regulatory oversight – Reaffirms that public offers of securities to fifty or more persons necessitate listing on a recognized stock exchange under Section 73(1) of the Companies Act – Highlights the protective intent of listing provisions for investors [Paras 31-33].

Regulatory Compliance – DIP Guidelines and ICDR 2009: Saharas' issuance of OFCDs found in violation of SEBI (Disclosure and Investor Protection) Guidelines and SEBI (Issue of Capital and Disclosure Requirements) Regulations – Court upholds SEBI's directive to refund the collected amount with interest to investors for non-compliance with statutory requirements [Paras 38-40].

Section 67(3) of Companies Act – Definition of Public Offer: Court interprets the proviso to Section 67(3) – Offer to fifty or more persons qualifies as a public offer, attracting regulatory compliance obligations – Reiterates that even if securities are offered through private placement, the number of offerees triggers public issue regulations [Paras 42-43].

Decision: Appeals dismissed – SEBI's orders upheld – Saharas directed to refund the amount collected from investors with interest – SEBI empowered to ensure compliance with investor protection norms and securities market regulations [Para 48].

Criminal Procedure – Anticipatory Bail – Section 438 CrPC: Appellant, declared a proclaimed offender, seeks anticipatory bail – Supreme Court upholds rejection by lower courts – Emphasizes that absconding and being declared a proclaimed offender are significant factors against the grant of anticipatory bail – Court must consider nature and gravity of accusation, antecedents, and possibility of the applicant fleeing from justice – Appeal dismissed [Paras 7-12].

Dowry Death – Cruelty and Demand for Dowry: Allegations of cruelty and dowry demand against the appellant and other family members – Deceased committed suicide after one year and eight months of marriage while pregnant – FIR registered and supplementary statements corroborate the involvement of the appellant – Court notes the serious nature of accusations and the need for thorough investigation [Paras 8-11].

Conduct of Appellant – Cooperation with Investigation: Despite interim protection, appellant failed to cooperate with police investigation – Claims of visiting police station disputed – Court underscores the importance of cooperation with investigative authorities and the impact of non-cooperation on bail decisions [Paras 12-13].

Decision: Appeal dismissed – Rejection of anticipatory bail upheld – Appellant directed to surrender within one week – Clarifies that no opinion on the merits of the case has been expressed and the appellant may move for regular bail after surrender [Paras 14-16].

Representing Advocates:

Sarbjit Sharma, Sumit Sharma, S.K. Verma for the Appellant

Sidharth Luthra (ASG), Ranjana Narain, Gargi Khanna, Shiv Pandey, Aditya Singla, B.V. Balaram Das for the Respondent

Criminal Law – Repeal and Saving Provisions – Section 30 of the Prevention of Corruption Act, 1988: Conviction under repealed Prevention of Corruption Act, 1947 – Applicability of Section 30 of the 1988 Act and Section 6 of the General Clauses Act – Repeal does not affect the right of the investigating agency to investigate and prosecute offences under the repealed Act – Proceedings initiated under the 1947 Act are valid and deemed to be under the 1988 Act [Paras 9-13].

Constitutional Law – Article 20(1) – Protection Against Ex Post Facto Laws: Appellants charged for offences committed under the 1947 Act before its repeal – Constitution prohibits conviction under laws not in force at the time of offence – Appellants rightly charged and convicted under the 1947 Act – No prejudice caused as the 1988 Act is more stringent [Paras 14].

Quantum of Sentence – Mitigating Factors – Reduction of Sentence: Considering age and health of appellant M.C. Gupta (70 years old) and time elapsed (24 years since offence) – Sentence reduced to one year rigorous imprisonment for offence under the 1947 Act – Sentence of fine confirmed – No reduction for appellant Mohan Lal Gupta, the beneficiary of misappropriation [Paras 18].

Decision: Appeals disposed of – Sentence of M.C. Gupta reduced to one year's rigorous imprisonment – Sentence for Mohan Lal Gupta upheld – Fine imposed on both appellants confirmed [Para 18].

Criminal Law – Exoneration in Departmental Proceedings – Continuation of Criminal Proceedings: High Court quashed criminal proceedings on the ground of exoneration in departmental proceedings – Supreme Court held that disciplinary authority is not bound by the conclusion of the inquiry officer – Criminal prosecution may continue despite departmental exoneration – Criminal and departmental proceedings are independent, and different standards of proof apply – Appeal allowed, High Court order set aside [Paras 16-18, 30-31].

Procedural Law – Section 482 CrPC – Quashing of Proceedings: Application under Section 482 CrPC for quashing criminal proceedings – High Court erred in quashing proceedings based on exoneration in departmental proceedings – Quashing of prosecution should not be based solely on departmental inquiry findings – Standard of proof in criminal trial is higher than in departmental proceedings [Paras 19-24, 32].

Judicial Precedents – Interpretation of P.S. Rajya Case: P.S. Rajya v. State of Bihar interpreted – Supreme Court clarifies that exoneration in departmental proceedings does not ipso facto result in quashing of criminal prosecution – Precedents affirm that departmental and criminal proceedings are distinct and must be decided based on evidence adduced in each [Paras 21, 24-25, 28-30].

Decision: Appeal allowed – High Court order quashing criminal proceedings set aside – Respondent directed to appear before the trial court within four weeks – Trial court to expedite proceedings and avoid unnecessary adjournments [Paras 32-34].

Constitutional Law – Article 21 – Right to Fair Trial: Appellant denied assistance of counsel during trial – Fundamental right to fair trial and legal representation emphasized – Retrial necessary to ensure justice and due process – Appellate court's power to order retrial under Section 386 CrPC highlighted [Paras 11-16, 42].

Criminal Procedure – De Novo Trial – Section 386 CrPC: Retrial should be ordered only in exceptional and rare cases – Appellant's denial of due process warranted de novo trial – Balancing accused's rights with societal interest and gravity of offence – Retrial necessary to avert failure of justice [Paras 42-43].

Speedy Trial – Fair Trial – Article 21: Right to speedy trial is relative and depends on case circumstances – Long delay alone does not justify acquittal or dismissal of indictment – Fair trial rights must be balanced with impact on society and confidence in judicial system – Retrial in serious cases like terrorism essential for justice [Paras 41-43].

Decision: Appeal allowed – Matter remanded for de novo trial – Trial court directed to provide legal aid to appellant if necessary and conclude trial expeditiously within three months from order communication [Paras 45-46].