Criminal Law – Registration of Counter FIR – Appellant’s complaint arising from the same incident as that of respondent’s FIR was not entertained by police – Appellant invoked Section 156(3) CrPC – Magistrate directed registration and investigation – Sessions Court and High Court set aside Magistrate’s order citing T.T. Antony v. State of Kerala and Section 162 CrPC – Held: Magistrate rightly directed registration – T.T. Antony does not bar counter complaints arising from the same incident – Counter FIRs with distinct versions are permissible – Section 162 does not bar registration of such complaints [Paras 1–9, 16–18, 25–26].

FIRs – Second FIR vs. Counter Complaint – T.T. Antony examined – Clarified: a second FIR by the same complainant or others against the same accused on the same facts is barred as an improvement – However, a counter complaint by the accused in the first FIR narrating a different version is legally permissible – Such counter version may form the basis for a valid FIR and investigation [Paras 12–17, 23–24].

Criminal Procedure – Magistrate’s Power under Section 156(3) CrPC – Where police fails to register a counter complaint, the Magistrate can direct registration and investigation – This power is unaffected by prior registration of an FIR – Supported by Kari Choudhary v. Sita Devi, State of Bihar v. J.A.C. Saldanna, and Ram Lal Narang v. State – Counter FIRs aid in bringing full facts before the court [Paras 18–22].

Misinterpretation by Courts Below – High Court and Sessions Court misapplied T.T. Antony – Wrongly held that a second FIR arising from the same incident is barred even if it narrates a different version – Confused FIR registration with statements recorded during investigation under Sections 161–162 CrPC – Those sections address evidentiary use, not registration of FIRs [Paras 25–26].

Decision – Appeal allowed – Orders of High Court and Sessions Court set aside – Magistrate’s direction to register and investigate the counter FIR restored – Filing of counter complaint in the same incident upheld as valid and legal [Para 26].

Criminal Law – Reversal of Acquittal – Conviction Restored – The Trial Court convicted the respondent under Section 302 IPC for murder based on consistent eyewitness testimony, post-mortem findings, and recovery of weapon – High Court reversed the conviction citing irregularities in the firing range test, ballistic report, and credibility of related witnesses – Held: High Court’s reasoning was perverse and based on conjecture – Trial Court’s findings restored – Conviction upheld [Paras 1–3, 13–14].

Firing Range Test – Local Inspection under Section 310 CrPC – No Mandatory Use of Crime Weapon – High Court held that test firing using a Single Barrel gun instead of the recovered Double Barrel gun invalidated the firing range findings – Held: Both guns were of the same class – No expert evidence to prove significant difference in range – Test firing intended to aid appreciation of evidence, not to establish guilt conclusively – Reasoning of High Court unsustainable [Paras 4–5].

Ballistic Report – Admissibility under Section 293 CrPC – Report of Junior Scientific Officer is Valid – High Court discarded ballistic report on ground that the author was a junior scientific officer and not listed under Section 293(4) – Held: Section 293(1) permits such reports as valid evidence if issued by a government scientific expert – High Court failed to consider sub-section (1) and misapplied the law [Para 6].

Failure to Send Pellets for Ballistic Examination – Not Fatal – High Court drew adverse inference for not sending pellets recovered from the body for matching – Held: No legal requirement to send pellets for such examination – Recovery of pellets from the deceased sufficiently established cause of death as gunshot – Finding of High Court held to be perverse [Para 7].

Credibility of Related Witnesses – Not to be Discarded Solely for Relationship – High Court rejected eyewitness testimony of the deceased’s brother and cousin due to relationship and alleged enmity – Held: Related witnesses’ testimony cannot be mechanically rejected – Their presence was natural and their account was corroborated by medical and forensic evidence – Independent witness also corroborated incident – High Court erred in ignoring this evidence [Paras 10–11].

Independent Eyewitness – Not Considered by High Court – PW-4 Tarsem Lal, unrelated to either party, supported prosecution – His evidence that accused was seen with gun and fled after firing was ignored by High Court – Held: Omission to consider this key evidence amounted to serious error [Para 11].

Medical Evidence – Consistent with Eyewitness Account – Multiple gunshot injuries were found on the body, as confirmed by PW-2 Dr. Sanjay Kumar Mahajan – Injuries were ante-mortem and sufficient to cause death – Medical findings corroborated eyewitness account – Held: High Court overlooked this corroboration [Para 12].

Final Decision – Conviction Restored – High Court’s acquittal was based on fallacious reasoning and disregard of settled legal principles – Trial Court’s conviction based on reliable evidence restored – Appeal allowed – Accused directed to be taken into custody [Paras 13–14].

Criminal Law – Culpable Homicide - Section 304 Part I/34 IPC – State appeal against acquittal – Deceased objected to accused’s camel damaging crops; beaten with lathis on head; died en route to Jaipur – Trial court convicted under Section 304 Part I/34 IPC (10 years); High Court acquitted citing FIR delay – Held: Acquittal unsustainable; conviction under Section 304 Part I/34 IPC restored; sentence reduced to 5 years’ RI with set-off – Eyewitness and medical evidence overwhelming [Paras 1–3, 5–6].

FIR – Delay in Lodging – When not fatal - Section 154 CrPC – Hospital intimation sent; SHO visited but victim unfit to speak; police failed to register promptly – Written complaint filed two days later – Held: Delay due to police negligence; no prejudice to accused; no doubt cast on prosecution case where occurrence and assailants proved – Delay not fatal [Para 4].

Evidence – Eyewitness Credibility & Medical Corroboration – Five neighbours including widow (PWs 1–5) consistently proved lathi blows on head by accused; post-mortem: five head injuries with skull fracture and fatal clotting – Defence of “mad camel” causing injuries unsupported and rejected – Held: Ocular version trustworthy and corroborated by medical findings [Paras 2–5].

Police Procedure – Duty on Hospital Intimation - Section 154 CrPC – SHO could have registered case on bystander information when victim was unfit; failure of police cannot vitiate otherwise proved prosecution case [Para 4].

Decision – Appeal allowed – High Court acquittal set aside – Conviction under Section 304 Part I/34 IPC restored – Sentence reduced to 5 years’ RI; set-off for period undergone; respondents to surrender within two weeks, failing which coercive steps to secure custody [Para 6].

Criminal Law – Culpable Homicide – Conviction Restored – Deceased Ram Swaroop was beaten with lathis by accused Gujarmal and his sons Maharaj Singh and Bachan Singh following a dispute over a camel damaging crops – Death resulted from severe head injuries – Trial court convicted under Section 304 Part I read with Section 34 IPC and sentenced to 10 years’ RI – High Court acquitted citing delay in FIR – Held: Delay due to police inaction despite timely medical intimation – Evidence of five eyewitnesses including wife and neighbours consistent and reliable – Medical evidence confirms fatal head injuries caused by lathi blows – High Court erred in ignoring weight of evidence – Conviction restored [Paras 1–5].

FIR – Delay – Effect on Prosecution – FIR lodged two days after incident – Ram Swaroop was hospitalized and unfit to speak – Police informed but failed to register FIR – Delay attributable to police negligence, not complainants – No prejudice to accused – Delay immaterial where evidence is trustworthy and consistent [Paras 3–4].

Medical Evidence – Cause of Death – Post-mortem showed five head injuries and skull fracture – Doctor opined injuries caused by blows, not animal attack – Defence theory of camel attack unsubstantiated – No cross-examination of doctors on this point – Injuries clearly consistent with eyewitness accounts [Para 4].

Sentencing – Modification – Considering passage of time since incident (1992) and High Court acquittal in the interim, sentence reduced from 10 years to 5 years’ RI – Accused to surrender within two weeks – Set-off granted for time already served [Para 6].

Decision: Appeal allowed – High Court acquittal set aside – Conviction under Section 304 Part I r/w Section 34 IPC restored – Sentence reduced to 5 years’ RI – Accused directed to surrender [Paras 6].

Transfer of Matrimonial Proceedings – Section 25 CPC – Transfer Declined – Wife sought transfer of Hindu Marriage Petition from Korba to Kolkata citing financial hardship, custody of minor daughter, and inconvenience – Respondent opposed, pointing to advanced stage of trial and assured cooperation – Held: Transfer not justified, but suitable directions issued to mitigate hardship [Paras 2–4, 7].

Expenses of Appearance – Directions – Husband directed to bear to-and-fro train travel expenses for wife and one attendant (or father if he alone travels) – Additionally, Rs. 500 to be paid towards incidental expenses on each court appearance – Directions issued to ensure wife’s ability to attend proceedings [Para 4].

Maintenance – Payment of Arrears – Respondent husband directed to pay arrears of maintenance as ordered by trial court, unless stayed – Compliance required along with cooperation for early disposal [Paras 5–6].

Decision: Transfer petition disposed of – Prayer for transfer declined – Directions issued regarding travel expenses, incidental costs, and payment of maintenance arrears – No costs awarded [Paras 4–8].

Civil Contempt Jurisdiction – Scope and Limitations – High Court Misapplied Jurisdiction – The appellant challenged the High Court’s refusal to initiate contempt proceedings, where the learned Single Judge re-examined the correctness of an earlier order passed by another judge – Held: In contempt proceedings, the Court is only to consider whether the order has been complied with – It cannot sit in review or examine correctness of the order – Such examination lies only before a higher court in appeal or review – Order of High Court set aside and matter remitted for fresh consideration [Paras 1–5, 8].

Finality of Judicial Orders – Binding Nature – Validity Not to be Reopened in Contempt – Once an order is passed and not challenged by proper legal means, it attains finality – Held: A party aggrieved by the order must seek appellate or review remedy – The rightness or wrongness of the order cannot be debated in contempt proceedings – Non-compliance amounts to contempt if no stay or reversal is obtained [Paras 5, 7, 8].

Impossibility of Compliance – Must Be Pleaded Before Appellate Court – The respondent-State argued that the order could not be implemented – Held: If compliance is impossible, the party must approach the issuing court or the appellate forum – The State failed to do so – The High Court did not find that compliance was impossible – Hence, no ground for refusing to proceed with contempt [Paras 5–6].

Improper Judicial Approach – Exercise of Review Powers in Contempt – High Court Acted Beyond Jurisdiction – The learned Single Judge of the High Court analysed the legality and propriety of the original order while dealing with contempt – Held: This amounts to an impermissible review disguised as contempt jurisdiction – Such an approach undermines the authority and enforceability of judicial orders [Para 8].

Substitution of State Due to Reorganisation – State of Jharkhand Now Party – After bifurcation of Bihar, the State of Jharkhand was substituted in place of original respondent – Held: Appeal allowed to the extent of remitting the contempt matter for reconsideration – No costs awarded [Paras 10–11].

Criminal Law – Murder/Attempt to Murder – Appeals Partly Allowed – Incident of 31.07.1977 over “Khajiha” land; deceased Pratap Singh suffered a single sharp-edged head blow (kanta) allegedly by Raja Ram; appellant Dashrath fired twice but missed; other injuries to both sides – Trial Court convicted Raja Ram under Section 302 IPC and Dashrath under Section 302/34; High Court upheld 302 for Raja Ram, altered Dashrath to Section 307 – Held: Prosecution case established as to assault and Dashrath’s firearm attempt; independent neighbour (PW-3) and dying declaration support prosecution; non-explanation of accused injuries not per se fatal – However, causation for death not proved beyond reasonable doubt: long time-gap (38 days), surgery, no post-mortem, no post-operative record – Raja Ram’s 302 conviction altered to Section 326 IPC (grievous hurt with dangerous weapon), RI 6 years + ₹1,000 fine; set-off under Section 428 CrPC – Dashrath’s conviction under Section 307 sustained; appeal dismissed [Paras 2–3, 14–16, 18–22, 26–31].

Non-Explanation of Injuries on Accused – Principle – Prosecution not invariably obliged to explain injuries on accused; effect depends on seriousness, timing, and overall evidence – Where independent/cogent evidence and dying declaration establish prosecution version and defence does not compete in probability, mere non-explanation is not fatal (Bhaba Nanda Sarma; Takhaji Hiraji) – Applied here to reject plea that silence in FIR/investigation vitiates case [Paras 16–21].

Medical Evidence & Causation – Clause “Thirdly” (Section 300) – Though skull/brain injury by sharp weapon was sufficient in ordinary course to cause death (PWs 6 & 8), prosecution failed to prove that it did cause death: no post-mortem; victim survived 38 days; no post-operative course on record – Benefit of doubt on causation; conviction reduced from Section 302 to Section 326 IPC [Paras 27–30].

Attempt to Murder – Section 307 IPC – Dashrath fired two shots at deceased at close quarters; both missed; concurrent findings upheld – Conviction under Section 307 and other allied offences maintained [Paras 3, 14, 26, 31].

Decision: Criminal Appeal No. 910/2001 (Raja Ram) partly allowed – Conviction altered from Section 302 to Section 326 IPC; RI 6 years + ₹1,000 fine; in default 4 months; Section 428 set-off – Criminal Appeal No. 909/2001 (Dashrath Singh) dismissed; Section 307 conviction and sentence sustained [Para 31].

Criminal Law - Dowry Death – “Soon Before Her Death” – Section 304B IPC – Conviction Set Aside – Evidence must show cruelty/harassment for dowry soon before death with a proximate and live link to the death – Record disclosed no dowry-related cruelty for about 15 months prior to death; proximity test not satisfied – Held: Conviction under Section 304B unsustainable [Paras 7–11].

Mother-in-law’s Liability – General Allegations Insufficient – Acquittal – No specific overt act or role proved against appellant-mother-in-law; mere presence when money was paid cannot ground conviction – Held: Acquittal justified; suspicion cannot replace proof [Para 6, 15].

Lesser Offence – Conversion to Section 498A – Sustained – Early-post-marriage incidents of cruelty and harassment for scooter demand proved through PW-6; ingredients of Section 498A made out – Conviction altered to Section 498A; sentence limited to period undergone with fine of ₹500 [Paras 12–14].

Precedents – Proximity Test Reiterated – “Soon before” is elastic but requires perceptible nexus between cruelty for dowry and death – Followed Satvir Singh v. State of Punjab and Hira Lal v. State (Govt. of NCT) Delhi [Paras 8–11].

Decision – Appeals partly allowed – Balwant Singh: Section 304B conviction set aside; convicted under Section 498A and sentenced to period already undergone with ₹500 fine; in default, 1 month SI; release on payment – Nishan Kaur: Appeal allowed; acquitted of Section 304B; bail bonds discharged [Paras 13–15].

Criminal Law - Mercy Jurisdiction – Article 72 – Grounds for Judicial Review – Extremely Narrow – Petition Dismissed – Challenge to the President’s rejection of pardon in a death penalty case – Court reiterates that judicial review lies only for no consideration, consideration on wholly irrelevant grounds, irrationality, discrimination, or mala fides; presumption that high constitutional authority acts properly and cautiously – No material to rebut presumption or show non-application of mind – Held: Rejection of mercy petition valid; writ dismissed [Paras 8–11, 13–15].

Death Penalty Case Background – “Rarest of Rare” Affirmed Earlier – The conviction for rape, theft, and murder and capital sentence had been affirmed up to the Supreme Court in Dhananjoy Chatterjee; no mitigating circumstances found; severity and societal impact emphasised – Mercy stage not a forum to re-argue merits or sentence [Paras 3–6, 13].

Scope of Article 32 in Mercy Matters – Not an Appeal or Review on Merits – Court’s role confined to reviewing decision-making process under Article 72; not to reassess evidence or proportionality of sentence – Six-week consideration by President not indicative of arbitrariness [Paras 12–14].

Precedents – Maru Ram and Satpal Applied – High prerogative power under Article 72 presumed properly exercised; limited interference where decision is mala fide, based on extraneous considerations, or without application of mind – No such infirmity shown here [Paras 8–11].

Decision – Writ petition under Article 32 dismissed – No ground made out to interfere with the President’s order rejecting pardon [Para 15].