Motor Accident Compensation – Quantum of Compensation – Enhancement – Claimant lost parents and younger brother in an accident caused by a rashly driven vehicle – Tribunal awarded compensation, which was enhanced by the High Court – Insurer challenged the enhancement, and claimant sought further enhancement – Held: Deduction for personal expenses of deceased was not made by the High Court; however, in the interest of justice, enhanced compensation granted by the High Court sustained – Appeals dismissed [Paras 1, 2, 7, 10-12].

Deduction for Personal Expenses – Applicability of Sarla Verma Principles – Insurer contended that the High Court erred in not deducting one-third of the deceased’s income for personal expenses – Held: Deduction was required as per Sarla Verma v. DTC but no interference warranted as the enhanced compensation was reasonable and not excessive [Paras 7, 10].

Future Prospects – Self-Employed Deceased – Appellant sought enhancement considering future prospects for deceased parents – Held: Future prospects should be added for self-employed individuals – 25% for father (aged 48) and 40% for mother (aged 38) – However, on reworking the quantum, any further enhancement was found unnecessary [Paras 8, 12].

Conventional Heads – Award in Excess of Pranay Sethi Guidelines – Insurer objected to amounts exceeding the guidelines – Held: Tribunal and High Court awarded amounts before Pranay Sethi v. National Insurance Co. Ltd. – No reduction required as the amounts were reasonable and aligned with the principle of ‘just compensation’ [Paras 9, 12].

Decision – Appeals Dismissed – Compensation granted by the High Court maintained in full – Tribunal’s assessment and High Court’s enhancement deemed just and reasonable under the circumstances – No further interference warranted [Paras 12].

Criminal Law – Conspiracy – Sections 120B/302/109 IPC – Substratum of Prosecution Case – Principal Alleged Conspirator Discharged – Respondent charged with conspiring with Dr. Sanjay Singh to murder Syed Modi; Dr. Sanjay Singh and Amita Kulkarni earlier discharged, their discharge affirmed up to Supreme Court – Held: With the alleged main conspirator discharged and no independent incriminating material against respondent (who was not present at scene), the foundational basis of conspiracy collapsed; continuation of proceedings an abuse – Charges rightly quashed [Paras 2–5].

Evidence – Section 10, Indian Evidence Act – Co-Conspirator’s Acts/Statements – Admissibility conditional on prima facie proof of conspiracy – In absence of a subsisting, prima facie conspiracy (main conspirator discharged and no other cogent material), Section 10 cannot be invoked to rope in respondent – No direct proof of supplying weapons or facilitating assailants – Quashment justified [Para 5].

Criminal Procedure – Inherent Powers – Section 482 CrPC – Exercise after Delay – Respondent invoked Section 482 post-finality of co-accused’s discharge (1994) – High Court condoned delay and quashed charges – Held: Exercise neither illegal nor perverse; timing explained by subsequent finality of foundational discharge order – Interference under Article 136 unwarranted [Para 6].

Fact Matrix – Allegations & Investigation – Prosecution narrative of respondent’s alleged coordination (vehicle procurement; hotel stay; telephonic contact from Haridwar) not supported by material sufficient to proceed, once conspiracy link to Dr. Sanjay Singh failed – Weapons recovered at instance of other accused; respondent away from Lucknow on date of incident – No sustainable nexus to Section 120B/109 [Paras 3–5].

Decision – Appeal dismissed – High Court order discharging respondent under Section 482 CrPC affirmed [Para 6].

Criminal Law – Murder – Common Intention – Conviction under Section 302 IPC – Appellant Nirmal Singh convicted for shooting the deceased in the abdomen with a country-made pistol – Conviction upheld based on consistent and credible testimony of multiple eyewitnesses (PWs 1, 3, 4, 5, 8, 11) who were family members of the deceased – Presence of motive established through prior altercation over damage to roof tiles – Held: Ocular testimony fully supported by medical evidence including final post-mortem confirming presence of bullet in L5 vertebra – Prosecution proved guilt beyond reasonable doubt [Paras 1, 2, 6, 11, 13, 14, 17–19, 22].

Arms Act – Use of Firearm – Section 27 – Appellant Nirmal Singh also convicted under Section 27 of the Arms Act for use of a country-made pistol – Recovery of bullet embedded in vertebra during third post-mortem at Patna Medical College confirmed firearm injury – Despite no recovery of weapon, forensic X-ray and bullet discovery sufficed – Held: Conviction under Arms Act sustainable [Paras 5, 12, 13, 15, 19].

Criminal Law – Acquittal – Benefit of Doubt – Appellant Ranjan Singh alleged to have exhorted co-accused Nirmal Singh to shoot – No evidence of active participation or use of firearm despite being allegedly armed – Trial court convicted him with aid of Section 34 IPC – Supreme Court held that in absence of any act or firing by Ranjan Singh, exhortation alone not sufficient for conviction under Section 302 IPC read with Section 34 – Benefit of doubt extended – Appeal allowed, conviction set aside [Paras 2, 6, 20, 21].

First Information Report – Delay and Reliability – FIR based on fardbeyan of PW-8 recorded at 1:30 AM, formal FIR registered at 5:00 AM – Earlier approach to police station by PW-11 not recorded due to absence of SHO – Allegation of concocted FIR rejected – Held: Explanation for delay plausible – No suppression of earlier report – Ocular evidence independently reliable [Paras 3, 7, 8, 9, 10, 11].

Medical Evidence – Contradiction in Post-Mortem Reports – Initial post-mortem by PW-13 suggested sharp weapon injury – Later examinations by board of doctors and Patna Medical College confirmed bullet wound – Bullet found embedded in 5th lumbar vertebra via X-ray – Supreme Court accepted final opinion as conclusive – Held: Earlier inconsistency not fatal to prosecution case [Paras 5, 12, 13, 14].

Investigation – Lapses by Investigating Officer – No seizure of blood-stained earth – Cloth tied to wound left hanging on guava tree at police station – Court criticised conduct as unserious and incompetent – Held: Investigative lapses alone insufficient to discard otherwise trustworthy prosecution evidence [Paras 16, 17].

Decision – Appeal of Nirmal Singh dismissed – Conviction under Sections 302 IPC and 27 Arms Act upheld – Appeal of Ranjan Singh allowed – Conviction and sentence set aside – Ranjan Singh to be released unless required in other cases [Paras 21, 22].

Murder – Section 302 IPC – Section 27 Arms Act – High Court’s acquittal reversed – Trial Court’s conviction restored – Ten accused tried for rioting and murder – only Accused No. 2 (Jagdish Singh) remained in appeal – Eyewitnesses consistently deposed that Jagdish fired three shots from his rifle, the third hitting the deceased – Rifle seized at spot – High Court discarded ocular account on untenable grounds – Supreme Court held the acquittal perverse and restored conviction under Sections 302/148 IPC and Section 27 Arms Act [Paras 4–8, 13–14].

Eyewitness Testimony – Inimical witnesses – Law – Enmity is a double-edged sword – Testimony cannot be rejected merely for hostility – If otherwise credible and corroborated, it must be accepted with caution – High Court erred in discarding consistent ocular evidence solely due to enmity and alleged identification doubts [Paras 6–7].

Identification – Night occurrence – Availability of electric light – Parties known to each other – Eyewitnesses (PWs 8, 10) proved burning electric light – Accused and witnesses from same village – Identification held reliable – High Court’s contrary view unsustainable [Paras 6, 8].

Defence – Accidental Firing – Rejected – Accused admitted ownership and presence with rifle – Plea that shot went off during snatching not supported by evidence – Medical evidence and prosecution case inconsistent with accident – Trial Court’s rejection affirmed [Paras 8–10].

Motive – Not indispensable where direct evidence is cogent – Strong, consistent ocular testimony with medical corroboration renders motive inconsequential – Argument rejected [Para 11].

Ballistics – Non-sending of rifle to expert – No prejudice – Firing from the accused’s rifle not disputed by defence – Forensic omission not fatal in face of clear ocular and medical evidence [Para 12].

Minor Discrepancies – Trivial inconsistencies do not vitiate otherwise credible prosecution case – Only material contradictions matter – Argument rejected [Para 12].

Appellate Interference – Acquittal – When perverse – High Court’s approach contrary to settled principles – Ignored credible ocular and medical evidence – Conviction restored [Paras 7–8, 13].

Decision – Appeal allowed – High Court judgment set aside – Trial Court conviction of Jagdish Singh under Sections 302/148 IPC and Section 27 Arms Act restored – Bail cancelled and custody directed [Paras 13–14].

Constitutional Law / Human Rights – Article 21 – Custodial Violence – Judicial Approach – Supreme Court’s condemnation of torture, custodial deaths and abuse of police power – Courts must adopt a realistic, sensitive, not over-technical approach in evaluating evidence in custodial crime, lest criminals go unpunished and public faith erodes – Reference to global human-rights norms (UDHR Art. 5) and prior precedents (Raghbir Singh; D.K. Basu; Nilabati Behera; Shyamsunder Trivedi) – Observes need to consider Law Commission 113th Report recommending evidentiary presumption against police in custodial injury cases [Paras 1–8].

False Allegations – Cautionary Note – While condemning custodial violence, Court flags increasing trend of false accusations; allegations must be carefully scrutinized on facts to separate genuine from sham claims [Para 9].

Police Powers – Duty to Investigate Lawfully – Extraction of confession by torture impermissible; evidence must be collected within the bounds of law; law enforcers cannot take the law into their own hands [Para 10].

Criminal Law – Custodial Death – Facts and Prosecution Case – Deceased (Shambhu Tyagi) brought to police station after midnight and beaten to extort confession; died in custody; body dumped near nala; station diary manipulated – CID inquiry ordered by SP/DM – Trial Court convicted five police personnel under Sections 304 Pt I, 330, 201 IPC; High Court affirmed [Paras 11–13].

Evidence – Identification – Test Identification Parade (TIP) – Principles – TIP is an investigative aid, not substantive evidence; absence not per se fatal – Dock identification is substantive; weight depends on facts – TIP desirable when accused were not known earlier; delay not always fatal – Extensive survey of precedent (Kanta Prashad; Budhsen; Jadunath Singh; Harbajan Singh; Rameshwar Singh; Ramanbhai Patel; Malkhansingh) [Paras 16–26].

Witness Credibility – PW-12 (Rajkumar) & PW-14 (Jawahar) – Court’s Assessment – PW-14’s identification offered no value for TIP as he admitted not having seen the accused at occurrence; PW-12’s testimony riddled with contradictions (arrest dates; knowledge of names; failure to disclose to police/Magistrate; claimed bleeding vs record), undermining reliability against most accused [Paras 27–28].

Defence – False Stand by Police – Effect – Accused Gulab Singh Chaudhary’s defence that deceased was found injured near nala contradicted by doctor’s testimony (PW-11) and his own Section 313 statement (claimed the deceased collapsed at the PS), exposing a false exculpatory plea – In custodial cases, false defence is a strong incriminating circumstance (Sahadevan @ Sagadevan) [Paras 28–29].

Medical Evidence – Nature/Timing of Injuries – Cause of Death – Autopsy (PW-16 Dr. D.K. Satpathy) showed injuries confined to skin/upper body; right lung TB-affected; injuries of varying ages (4 hours, 12 hours, 1–2 days); alcohol present – Combined effect of injuries and alcohol precipitated death – Held: liability under Section 304 Part II IPC appropriate for Gulab Singh; no grievous injury to vital organs proved to sustain murder [Para 30].

Outcome for Co-Accused – Insufficiency of Evidence – As prosecution failed to reliably connect Bahadur Singh, Pooran Singh and Dhanraj Dubey to the assaults beyond reasonable doubt (infirm dock ID; contradictions), their convictions cannot stand; benefit extended [Paras 27–28, 30–31].

Decision – Appeal partly allowed – Proceedings abated against Appellant No.1 (Munshi Singh Gautam) due to death – Appeal of Gulab Singh Chaudhary dismissed; conviction maintained under Section 304 Part II IPC (with allied findings); to surrender and serve remainder – Appeals of Bahadur Singh, Pooran Singh and Dhanraj Dubey allowed; acquittal directed; bail bonds discharged [Paras 13, 30–31].

Defection – Voluntarily giving up membership – Paragraph 2(1)(a) of Tenth Schedule – Contesting election as independent/Samajwadi Party candidate while elected as Congress MLC – Held: Such conduct amounts to voluntarily giving up membership of Congress – Formal resignation unnecessary – Disqualification validly incurred [Paras 11, 20, 21].

Disqualification Proceedings – Compliance with Bihar Legislative Council (Disqualification) Rules, 1994 – Rules 6, 7 and CPC Order 6 Rule 15 – Requirement of affidavit under Rule 6(6) read with Order 6 Rule 15(4) CPC – Held: Procedural rules are directory, not mandatory – Omission to file affidavit does not invalidate proceedings – Purpose is to prevent frivolous petitions, not to defeat constitutional mandate – Chairman’s jurisdiction not ousted [Paras 16–18].

Natural Justice – Opportunity of hearing – Allegation that material not supplied and personal hearing denied – Rejected – Petitioner given repeated opportunities but failed to avail – Non-supply of certain letters immaterial where facts were admitted – No violation of natural justice [Para 19].

Judicial Review – Scope under Articles 226, 227, 136 – Decision of Chairman/Speaker final under Para 6 Tenth Schedule – Judicial review limited to violation of constitutional mandates, mala fides, perversity, or non-compliance with natural justice – Procedural irregularities immune from review [Paras 8, 18].

Case Law – Voluntary giving up membership – Principle reiterated from Ravi S. Naik v. Union of India and G. Viswanathan v. Speaker, Tamil Nadu Legislative Assembly – Expulsion or independent candidature amounts to implied relinquishment of party membership [Paras 9, 10, 20].

Decision – Writ petitions dismissed with costs – Petitioners rightly disqualified under Para 2(1)(a) Tenth Schedule read with Article 191(2) – Orders of Chairman upheld – No interference warranted [Paras 21, 2, 3].

Tenancy Law - Delhi Rent Control Act – Section 15(7) – Striking off Defence – Judicial Discretion – Scope – Tenant directed under Section 15(1) to deposit arrears and future rent – Pleaded that rent was sent by cheques but led no evidence – Rent Controller struck off defence – Tribunal modified order granting indulgence on deposit with penalty – High Court, under Article 227, restored Rent Controller’s order – Held: Section 15(7) vests discretionary power but must be exercised on sound principles of justice – Where tenant sets up palpably false plea of compliance, defaults even in paying paltry rent (Rs. 30 p.m. in commercial premises in prime area), no discretion arises in his favour – Defence rightly struck off – Appeal dismissed [Paras 3–7].

Judicial Discretion – Nature – Discretion implies exercise of judicial judgment guided by rules of law and fairness, not private opinion – Exists where no hard-and-fast rule applies – Must be applied to facts fairly and justly – Where tenant acted contumaciously, no ground for indulgence [Para 6].

Constitution of India – Article 227 – Scope of High Court’s Supervisory Jurisdiction – High Court justified in correcting Tribunal’s order which exercised discretion contrary to justice and equity – Restoring Rent Controller’s order proper [Para 7].

Decision – Appeals dismissed with costs of Rs. 10,000/- [Para 8].

Criminal Law – Abetment of Suicide – Section 306 r/w Section 34 IPC – Conviction Affirmed – Deceased wife committed suicide by burns; parents testified to persistent dowry demands and harassment by husband (A-1) and mother-in-law (A-2) – Defence plea of cordial relations and alternative motive (query about movement with a stranger) not accepted – Held: Evidence of father and mother cogent and reliable; mere non-disclosure to friends does not negate harassment in a conservative milieu – Conviction under Section 306/34 IPC sustained [Paras 3–10, 14].

Dowry – Definition – Section 2, Dowry Prohibition Act; “Valuable Security” – Section 30 IPC – Court reiterated statutory definition of “dowry” and reference to “valuable security” to assess nature of demands connected with marriage – Capacity of informant to pay is irrelevant to existence of demand – Trial and High Court findings on demand upheld [Paras 10–11].

Abetment – Mental Element – Requirement of Instigation/Aiding – For Section 306 IPC, abetment involves instigation or intentional aiding; more active role is required than mere discord – On facts, continuous demands and threats constituted abetment leading to suicide [Para 12].

Caution in Dowry-Related Suicides – Standard from Orilal Jaiswal – Courts must assess whether cruelty actually induced suicide and whether victim was hypersensitive to ordinary domestic discord – Applied here; demands and threats exceeded ordinary discord; conviction justified [Para 13].

Evidence – Non-Disclosure by Victim – Effect – Victim’s silence before friends about harassment not decisive; must be weighed with family evidence – In traditional settings, non-disclosure is common; credible parental testimony can prove harassment [Paras 9–10].

Sentencing – Reduction – While maintaining conviction, custodial sentence reduced from five years to three years considering peculiar facts – Fine and default stipulation otherwise maintained [Para 14].

Decision: Appeal partly allowed on sentence – Conviction under Section 306 read with Section 34 IPC confirmed – Custodial sentence reduced to three years – Appeal disposed of accordingly [Paras 14–15].

Service Law – Select/Recommendation List – No Vested Right – Appeal Allowed – Respondent’s name figured in 1994 recommendation for priority appointments to displaced landowners (Class-III ceiling) – In 1998 policy tightened: priority only if ≥2 acres acquired; no age relaxation – Post of Homeopathic Physician (Class-II) created only on 01.07.1998 – Held: Mere inclusion in list does not create an indefeasible right to appointment; later policy validly applies at time of recruitment; HC erred in holding “vested right” and directing appointment to a post not existing in 1994 [Paras 1–4, 6–8].

Recruitment – Change of Policy – Prospective Application at Time of Filling Posts – No Retrospectivity – Request for names from Employment Exchange on 17.09.1998 followed creation of post on 01.07.1998 – Applying revised policy (02.06.1998) to ongoing recruitment is not retrospective; respondent ineligible (land <2 acres; overage) and no relaxation permissible – Scheme was a concession, not a right [Paras 1, 6].

Class of Post – Eligibility Under Scheme – Original 1994 scheme capped to Class-III posts – Homeopathic Physician is Class-II; hence claim unsustainable even under 1994 policy – Subsequent insistence on qualifications/age strict; no mala fides shown [Paras 1, 6–7].

Administrative Law – No Duty to Fill All Posts / Respect Merit Absent Arbitrariness – Principles in Shankarsan Dash reiterated – Inclusion in a panel or recommendation does not mandate appointment; State may decide bona fide not to appoint or to alter policy, provided no arbitrariness/discrimination [Para 4].

Discrimination Plea – Rejected – Observation of HC on alleged discrimination due to overage unsupported by record – No material of mala fides; compensation already paid; priority employment scheme only an enabling concession [Para 6].

Decision: Appeal allowed – High Court’s direction to appoint respondent as Homeopathic Physician set aside – Writ petition dismissed – No costs [Para 8].