Criminal Law - Conviction for Murder - Criminal Appeal - Offence Re-classification - Conviction u/s 302 IPC modified to Section 304 Part I IPC - Appellants initially convicted of murder and attempt to murder for attacking Buta Singh and others over a dispute related to the construction of a drain. Injuries caused with a Gandasi and Dangs. Supreme Court held that the nature of the injuries and the sudden altercation did not indicate a premeditated intention to kill. Conviction modified from Section 302 IPC to Section 304 Part I IPC. Sentences accordingly reduced. [Paras 1-5]

Nature of Injuries - Analysis - Held - Evidence showed injuries were inflicted during a sudden quarrel and not with a premeditated intent to kill. Gandasi used from the blunt side, indicating no intention to cause fatal injuries. [Para 5]

Decision - Modification of Conviction and Sentence - Court modified the conviction from murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC). Appellants sentenced to 5 years rigorous imprisonment with the other parts of the sentence maintained. Appeals dismissed with modification. [Para 5]

Criminal Law - Sentencing - Death Penalty - Commutation to Life Imprisonment - Appeal against the death sentence for rape and murder of a minor - Supreme Court held that despite the gravity of the crime, the appellant's young age and potential for rehabilitation warranted commutation of the death sentence. The life imprisonment sentence is to extend to the appellant's natural life, subject to remission by the government. [Paras 1-3]

Mitigating Circumstances - Consideration - Held - The appellant's age and possibility of reformation considered significant. The trial court's omission to provide adequate opportunity to plead on the question of sentence under Sections 235(2) and 354(3) CrPC noted but found not to materially affect the outcome. [Para 2-3]

Decision - Commutation of Death Sentence - Court commuted the death sentence to life imprisonment, specifying it must extend to the appellant's full natural life, subject to any remission or commutation for good reasons by the government. Appeal disposed of with this modification. [Para 3]

Public Interest Litigation - Bona Fides – Allegations of the petition being filed at the behest of business rivals and lacking bona fide intent – Supreme Court examines the conduct of the petitioner and the history of litigation – Held that the petition lacked bona fides and was an abuse of process of law – The petition was found to be motivated by private interest rather than genuine public concern, warranting dismissal and issuance of show-cause notice for contempt. [Paras 18-27]

Health Hazards - Regulation and Control of Asbestos – Appeal addressing the need for banning asbestos use due to its health hazards – Supreme Court considers existing regulatory measures and the absence of a complete ban in law – Held that stringent regulation and supervision of asbestos use as per existing laws and guidelines are adequate – The Court directs Union and State Governments to review and ensure compliance with safety standards and issue further directions based on ILO guidelines. [Paras 10-16]

Policy and Legislation - Judicial Overreach – Examination of judicial authority to ban activities through PILs – Supreme Court discusses the legislative domain concerning asbestos regulation – Held that it is not within judicial purview to impose a ban when the matter falls under legislative competence – Directions issued to concerned authorities to strengthen regulatory frameworks rather than banning asbestos outright. [Paras 12-14]

Decision – Writ Petition Dismissed – The petition seeking a ban on asbestos was dismissed for lack of bona fides and substantial evidence – Directions issued to ensure compliance with safety standards and regular review by authorities – Show-cause notice issued to the petitioner and associated individuals for contempt of court and potential abuse of legal process. [Paras 16, 18, 28-29]

Benami Transactions - Retrospective Application – Civil appeal concerning the applicability of Section 4 of the Benami Transactions (Prohibition) Act, 1988 to suits filed prior to the Act's commencement – Supreme Court clarifies that Section 4, which prohibits recovery of property held benami, is not retrospective and does not apply to suits filed before the Act came into force – The suit filed by the first appellant in 1987, prior to the Act's enactment, is not barred by Section 4. [Paras 2, 16]

Notice - Presumption of Service – Appeal addressing the presumption of service of notice sent under postal certificate – Supreme Court discusses legal precedents and affirms that in the absence of any allegation of procurement or manipulation, a notice sent under postal certificate can be presumed to have been duly served – Notice sent by the first appellant to the first respondent is presumed to have been served before the sale of the property. [Paras 18-23]

Bona Fide Purchaser - Determination – Examination of whether the first respondent was a bona fide purchaser without notice of the appellant's rights – Supreme Court finds that the first respondent, having received notice of the appellant's ownership claim, cannot be considered a bona fide purchaser without notice – The sale deed executed in favor of the first respondent is declared null and void. [Paras 15, 24]

Decision – Appeal Allowed, Ownership Confirmed – High Court's judgment set aside – Appellant No. 1 declared the owner of the suit house – Permanent injunction granted against the respondents from alienating any part of the suit house or interfering with the appellant's possession – Appellants to pay Rs. 30,000 with 10% interest from 13.4.1987 to 22.2.1996 to the first respondent as compensation. [Paras 25-26]

Criminal Law - Confessions - Admissibility and Voluntariness – Appeal challenging the voluntariness and admissibility of confessional statements made under Section 164 CrPC – Supreme Court examines whether confessions made by the accused were voluntary and whether procedural safeguards were followed – Held that confessions must be free from police influence and made voluntarily – Failure to ensure voluntary nature and procedural compliance renders confessions unreliable. [Paras 18-27]

Eyewitness Testimony - Identification and Corroboration – Examination of eyewitness testimonies and their identification of accused persons – Supreme Court considers inconsistencies and lack of prior Test Identification Parade (TIP) – Held that identification for the first time in court without prior TIP or corroboration is weak and unreliable – Conviction based on weak identification evidence not sustainable. [Paras 10-12]

Photo Identification - Evidentiary Value – Appeal addressing the use of photo identification and its reliability – Supreme Court reaffirms that photo identification is only an aid to investigation and not substantive evidence – Identification in court must be corroborated by other evidence to be reliable. [Paras 13-15]

Doctrine of Benefit of Doubt – Application in Criminal Appeals – Appeals concerning the acquittal of accused persons by the High Court – Supreme Court reiterates that when two views are possible, the one favoring the accused should be accepted – High Court's acquittal upheld due to lack of credible evidence against the acquitted persons. [Paras 8, 17]

Decision – Appeals Disposed Of – Convictions and sentences of Rabindra Kumar Pal @ Dara Singh and Mahendra Hembram upheld due to reliable evidence against them – Confessions and identification of other accused found unreliable – Appeals against acquittal dismissed, upholding High Court's decision – Supreme Court reaffirms the importance of procedural safeguards and reliable evidence in criminal convictions. [Paras 25-26]

Customs Law - Reduction of Redemption Fine and Penalty – Appeals challenging the Tribunal's decision to reduce redemption fine and penalty imposed on importers – Supreme Court examines whether the Tribunal can uniformly apply a formula for reduction based on margin of profit and demurrage costs – Held that each case must be examined on its own facts – However, Tribunal's findings that facts were similar across cases not challenged by the Revenue – Tribunal's reduction of fines and penalties upheld. [Paras 9-15]

Reference to High Court - Question of Law – Examination of whether the High Court erred in rejecting applications for reference under Section 130A of the Customs Act – Supreme Court considers whether questions proposed by Revenue constitute questions of law – Held that Tribunal's factual findings not specifically challenged as perverse by the Revenue – No substantial question of law arises – High Court's rejection of reference applications upheld. [Paras 11-15]

Decision – Appeals Dismissed – The appeals by the Revenue are dismissed, affirming the High Court's orders – Supreme Court upholds the Tribunal's decision to reduce redemption fine and penalty based on its findings of fact – No interference warranted as no substantial question of law arises from the Tribunal's orders. [Para 16]

Public Interest Litigation - Bona Fides – Allegations of the petition being filed at the behest of business rivals and lacking bona fide intent – Supreme Court examines the conduct of the petitioner and the history of litigation – Held that the petition lacked bona fides and was an abuse of process of law – The petition was found to be motivated by private interest rather than genuine public concern, warranting dismissal and issuance of show-cause notice for contempt. [Paras 18-27]

Health Hazards - Regulation and Control of Asbestos – Appeal addressing the need for banning asbestos use due to its health hazards – Supreme Court considers existing regulatory measures and the absence of a complete ban in law – Held that stringent regulation and supervision of asbestos use as per existing laws and guidelines are adequate – The Court directs Union and State Governments to review and ensure compliance with safety standards and issue further directions based on ILO guidelines. [Paras 10-16]

Policy and Legislation - Judicial Overreach – Examination of judicial authority to ban activities through PILs – Supreme Court discusses the legislative domain concerning asbestos regulation – Held that it is not within judicial purview to impose a ban when the matter falls under legislative competence – Directions issued to concerned authorities to strengthen regulatory frameworks rather than banning asbestos outright. [Paras 12-14]

Decision – Writ Petition Dismissed – The petition seeking a ban on asbestos was dismissed for lack of bona fides and substantial evidence – Directions issued to ensure compliance with safety standards and regular review by authorities – Show-cause notice issued to the petitioner and associated individuals for contempt of court and potential abuse of legal process. [Paras 16, 18, 28-29]

Benami Transactions - Retrospective Application – Civil appeal concerning the applicability of Section 4 of the Benami Transactions (Prohibition) Act, 1988 to suits filed prior to the Act's commencement – Supreme Court clarifies that Section 4, which prohibits recovery of property held benami, is not retrospective and does not apply to suits filed before the Act came into force – The suit filed by the first appellant in 1987, prior to the Act's enactment, is not barred by Section 4. [Paras 2, 16]

Notice - Presumption of Service – Appeal addressing the presumption of service of notice sent under postal certificate – Supreme Court discusses legal precedents and affirms that in the absence of any allegation of procurement or manipulation, a notice sent under postal certificate can be presumed to have been duly served – Notice sent by the first appellant to the first respondent is presumed to have been served before the sale of the property. [Paras 18-23]

Bona Fide Purchaser - Determination – Examination of whether the first respondent was a bona fide purchaser without notice of the appellant's rights – Supreme Court finds that the first respondent, having received notice of the appellant's ownership claim, cannot be considered a bona fide purchaser without notice – The sale deed executed in favor of the first respondent is declared null and void. [Paras 15, 24]

Decision – Appeal Allowed, Ownership Confirmed – High Court's judgment set aside – Appellant No. 1 declared the owner of the suit house – Permanent injunction granted against the respondents from alienating any part of the suit house or interfering with the appellant's possession – Appellants to pay Rs. 30,000 with 10% interest from 13.4.1987 to 22.2.1996 to the first respondent as compensation. [Paras 25-26]

Criminal Law - Confessions - Admissibility and Voluntariness – Appeal challenging the voluntariness and admissibility of confessional statements made under Section 164 CrPC – Supreme Court examines whether confessions made by the accused were voluntary and whether procedural safeguards were followed – Held that confessions must be free from police influence and made voluntarily – Failure to ensure voluntary nature and procedural compliance renders confessions unreliable. [Paras 18-27]

Eyewitness Testimony - Identification and Corroboration – Examination of eyewitness testimonies and their identification of accused persons – Supreme Court considers inconsistencies and lack of prior Test Identification Parade (TIP) – Held that identification for the first time in court without prior TIP or corroboration is weak and unreliable – Conviction based on weak identification evidence not sustainable. [Paras 10-12]

Photo Identification - Evidentiary Value – Appeal addressing the use of photo identification and its reliability – Supreme Court reaffirms that photo identification is only an aid to investigation and not substantive evidence – Identification in court must be corroborated by other evidence to be reliable. [Paras 13-15]

Doctrine of Benefit of Doubt – Application in Criminal Appeals – Appeals concerning the acquittal of accused persons by the High Court – Supreme Court reiterates that when two views are possible, the one favoring the accused should be accepted – High Court's acquittal upheld due to lack of credible evidence against the acquitted persons. [Paras 8, 17]

Decision – Appeals Disposed Of – Convictions and sentences of Rabindra Kumar Pal @ Dara Singh and Mahendra Hembram upheld due to reliable evidence against them – Confessions and identification of other accused found unreliable – Appeals against acquittal dismissed, upholding High Court's decision – Supreme Court reaffirms the importance of procedural safeguards and reliable evidence in criminal convictions. [Paras 25-26]