Civil Procedure – Maintainability of Appeal – Appeal challenged judgment dismissing suit for partition based on alleged forged will – Appellant, aggrieved party, filed appeal against decision of lower court – High Court dismissed appeal as non-maintainable – Supreme Court held High Court erred in dismissing appeal – Legal right of appellant was affected by lower court’s decision, making appeal maintainable [Paras 1-22].

Rights of Aggrieved Parties – Legal Injury – Supreme Court emphasized that an appeal can be maintained by any party who suffers legal injury due to a decree – Appellant's rights as co-sharer affected by the will declared void by trial court but validated by appellate court – Appeal maintainable under Sections 96 and 100 of CPC [Paras 13-21].

Cross-Objections – Order 41 Rule 22 – Supreme Court clarified cross-objection provisions post-1976 amendment – Respondents may file cross-objections to adverse findings without challenging decree – Such cross-objections are adjudicated even if main appeal is withdrawn or dismissed [Paras 18-19].

Decision: Appeal allowed – High Court judgment set aside – Matter remitted to High Court for decision on merits within six months – No opinion expressed on merits of case – Costs to be borne by respective parties [Para 22].

Criminal Law – Conspiracy and Forgery – Appellant, along with co-accused, conspired to cheat the Regional Passport Office, Trichy – Forged documents submitted for obtaining passports – Trial court convicted and sentenced appellant to RI for 2 years with a fine – High Court upheld conviction – Supreme Court reduced sentence to six months considering appellant's circumstances [Paras 1-27].

Defective Investigation – Parallel Proceedings – Appellant contended initial investigation by State Crime Branch and subsequent investigation by CBI was impermissible – Supreme Court held parallel proceedings lawful under Delhi Police Special Establishment Act – Defective investigation not a ground for acquittal unless it affects the root of prosecution case [Paras 7-13].

Evidence – Forgery – Confessional statement led to recovery of forged seals – Prosecution evidence including testimonies of officials corroborated the conspiracy – Evidence of appellant’s involvement and false information in passport applications upheld [Paras 14-24].

Reduction of Sentence – Appellant’s mitigating circumstances considered – Sentence reduced from two years to six months [Paras 26-27].

Decision: Appeal partly allowed – Conviction upheld – Sentence reduced to six months from two years [Para 27].

Criminal Law – Murder Conviction – Appellants convicted for murder based on oral dying declaration – Deceased named assailants to relatives before succumbing to injuries – Trial court and High Court upheld conviction – Supreme Court affirmed the conviction, finding the dying declaration reliable and trustworthy [Paras 1-22].

Oral Dying Declaration – Admissibility and Reliability – Deceased identified assailants in presence of relatives – Testimonies of witnesses found credible – No contradiction or discrepancy in evidence – Medical evidence supported that deceased could speak before death – Court held oral dying declaration valid and credible [Paras 12-20].

Delay in Lodging FIR – Explained – Immediate report (ezahar) lodged at police station by deceased’s father-in-law – FIR registered promptly after death – Court found no fault in delay considering circumstances [Paras 21-22].

Decision: Appeal dismissed – Conviction and sentence upheld [Para 22].

Criminal Law – Murder Conviction – Appellant convicted for murder based on eyewitness accounts – Altercation over property ridge led to fatal attack – Trial court and High Court upheld conviction – Supreme Court affirmed conviction, finding eyewitness testimonies reliable and discrepancies insignificant [Paras 1-21].

Eyewitness Testimonies – Reliability – Eyewitnesses, brother and sister of deceased, provided consistent and credible accounts – Court dismissed argument that their location at the time prevented witnessing the attack – Medical evidence supported the use of described weapons [Paras 14-17].

Delay in Lodging FIR – Explained – Immediate steps taken by relatives and hospital authorities – No undue delay in FIR registration – Court found no fault in delay considering circumstances [Paras 18-19].

Semi-Digested Food – Time of Death – Appellant argued time of death inconsistent with food in stomach – Court referenced medical principles, concluding digestion time varies and does not undermine prosecution’s case [Paras 20-21].

Decision: Appeal dismissed – Conviction and sentence upheld [Para 21].

Clarification/Modification Applications – Grounds of Review – Applications filed for clarification/modification of judgment – Alleged suppression of documents by the State of Madhya Pradesh – Court held such applications tantamount to seeking review – Properly constituted review petitions are the remedy [Paras 1-4].

Circumventing Review Process – Practice Deprecated – Attempt to bypass review procedure by filing applications for clarification/modification/recall – Registrar’s decision to lodge applications upheld – Review should follow proper procedural rules under Order XL of Supreme Court Rules [Paras 5-9].

Relevant Case Law – Reference to previous decisions – Delhi Administration Vs. Gurdip Singh Uban – Practice of avoiding circulation procedure by filing applications for hearing – Court’s reiteration on proper review process [Paras 6-8].

Decision: Applications dismissed – Clarification/modification requests to follow proper review petition procedures [Para 9].

Extra-Judicial Killings – Allegations – Petitioners alleged 1528 extra-judicial killings in Manipur from May 1979 to May 2012 – Plea for investigation into unlawful executions – Supreme Court considered the need for thorough inquiry into specific cases [Paras 1-4].

Constitutional Protections – Article 21 and Article 32 – Court emphasized the importance of protecting the right to life and personal liberty – Rejected the State's plea to defer the examination to NHRC – Supreme Court to examine the matter directly [Paras 4-5].

Insurgency Context – State’s Response – Acknowledged the grave threat of insurgency in Manipur – Detailed the loss of lives among security forces – Emphasized the need for lawful actions even in conflict situations – Cited earlier judgments cautioning against "administrative liquidation" [Paras 6-11].

Commission of Inquiry – Formation – Supreme Court formed a three-member commission to investigate selected cases of alleged extra-judicial killings – Commission to also review the role of state police and security forces in Manipur [Paras 22-23].

Decision: Petition to be further investigated – Commission to submit a report within twelve weeks – Full cooperation and support directed from Central and State Governments [Paras 24-27].

Criminal Law – Appeal against Acquittal – Appellants convicted for murder after High Court reversed trial court’s acquittal – Examination of High Court’s power to overturn acquittal – Supreme Court upheld the High Court’s decision, finding the evidence sufficient for conviction [Paras 4-21].

Scope of Appellate Review – Reappreciation of Evidence – High Court’s duty to reassess evidence in appeals against acquittal – Supreme Court affirmed the High Court’s thorough review and reliance on key testimonies and medical evidence [Paras 4-9].

Eyewitness Testimonies – Reliability – Testimonies of PWs 1, 4, and 5 corroborated each other and aligned with medical evidence – Court rejected trial court’s dismissal based on witness relationship and minor inconsistencies [Paras 12-15].

Medical Evidence – Post-Mortem Report – Injuries described in the post-mortem report consistent with eyewitness accounts – Court dismissed objections based on undigested food particles and timing discrepancies [Paras 16-17].

Delay in FIR Registration – Explained – Court found no undue delay in FIR registration or its dispatch to the Magistrate – Police Constable’s explanation deemed credible [Paras 18-19].

Decision: Appeal dismissed – Conviction and sentence of life imprisonment upheld [Para 21].

Criminal Law – Dying Declarations – Appellants convicted for murder and cruelty based on four dying declarations – Court upheld the conviction, finding the declarations consistent and credible – Dying declarations supported by medical evidence and testimonies of relatives [Paras 4-17].

Evidentiary Value – Dying Declarations – Section 32(1) of Evidence Act – Statements made by the deceased about the cause of death admissible – Declarations made by the deceased certified by doctors as conscious and fit to give statements – Court emphasized the reliability of dying declarations [Paras 12-13].

Consistency and Corroboration – Multiple Statements – Deceased consistently implicated mother-in-law and sisters-in-law in all declarations – Minor variations did not undermine the main allegations – Oral evidence and medical reports corroborated the dying declarations [Paras 7-10, 14-17].

Deterrent Punishment – Societal Impact – Court highlighted the need for stringent punishment in cases of bride burning and cruelty to women – Emphasized the importance of deterrent measures to address increasing crimes against women [Paras 18-19].

Decision: Appeal dismissed – Conviction and life sentence upheld [Para 19].

Representing Advocates:

Sudhanshu S. Choudhari, Rajshree Dubey, Naresh Kumar, and Sunil Kumar Verma for the Appellant

Aprajita Singh, Asha Gopalan Nair, and Ravindra Keshavrao Adsure for the Respondent.

Criminal Law – Abetment of Suicide and Cruelty – Appellant convicted for abetment of suicide and cruelty based on evidence of harassment and physical assault – High Court reversed acquittal by trial court – Supreme Court upheld the conviction, finding the evidence credible and consistent [Paras 4-15].

Presumption under Section 113A of Evidence Act – Applicability – Presumption of abetment of suicide by husband when suicide occurs within seven years of marriage and wife subjected to cruelty – Appellant failed to rebut this presumption [Paras 6, 15].

Evidence and Corroboration – Medical and Witness Testimonies – Medical evidence confirmed physical injuries consistent with assault – Witnesses, including parents and friends, corroborated the deceased's account of harassment – Court emphasized the credibility of these testimonies despite the delay in FIR [Paras 7-10].

Judicial Sensitivity – Remarks on Domestic Violence – Court criticized trial judge’s insensitivity to domestic violence – Emphasized the need for judicial sensitivity towards women's issues and the impact of domestic violence [Paras 12-14].

Decision: Appeal dismissed – Conviction and sentence upheld [Para 15].