Criminal Law – Murder and Dowry Death – Appeal Against Conviction – Court examined the appeal against the conviction for the murder of the appellant's wife and related dowry death charges. The appeal challenged the findings of the High Court and trial court, focusing on the reliability of circumstantial evidence and the validity of the charges under Sections 302, 304B, and 498A of the IPC. [Para 1-3, 9-11]

Conviction Based on Circumstantial Evidence – Analyzed – The Court discussed the principles governing conviction based on circumstantial evidence, emphasizing the need for the circumstances to form a coherent chain pointing unequivocally towards the guilt of the accused and excluding all other hypotheses. [Para 8, 12-13, 17]

Acquittal under Section 302 IPC – Reasoned – The Court found that the prosecution failed to establish beyond reasonable doubt the circumstances implicating the appellant in the murder of his wife. Notably, the evidence, such as the recovery of bloodstained clothes and certain documents, was deemed unreliable. The Court distinguished between mere suspicion and proof beyond reasonable doubt, leading to the acquittal of the appellant under Section 302 IPC. [Para 13-17]

Conviction under Section 304B and 498A IPC – Restored – Despite the acquittal for murder, the Court restored the conviction and sentence for dowry death and cruelty towards the wife. It held that these charges were proven and upheld in related appeals against co-accused. [Para 18]

Direction for Release – Given the period already served (over fifteen years), the Court waived the fine and ordered the immediate release of the appellant, conditional on his not being required in any other case. [Para 19]

Decision – Appeal partly allowed with a set-aside conviction for murder under Section 302 IPC, but the convictions under Sections 304B and 498A IPC were restored. [Para 18-20]

Civil Law – Property Dispute and Contempt of Court –– legitimacy of a contempt application in a longstanding property dispute involving ancestral lands. The appellant, Shah Enterprises, challenged the dismissal of a contempt petition filed against the respondents for allegedly breaching a consent decree related to the property. [Para 1, 2, 3-10]

Contempt of Court – Filing of Civil Suit as Contempt – Held – The Court held that merely filing a civil suit to assert legal rights over land does not constitute contempt of court, especially when the suit is part of an ongoing legal dispute and includes multiple parties. The Court emphasized that such actions, while perhaps annoying or burdensome to the opposing party, do not meet the criteria for contempt. [Para 10, 25]

Participation in Legal Proceedings – Effect on Contempt Allegations – Noted – The Court noted that the appellant, having actively participated in the civil proceedings, sought preliminary issues and contested applications, which contradicts the claim of contempt. Active involvement in litigation processes indicates acknowledgment of the legal process, thereby negating claims of contempt due to mere filing of a suit. [Para 14, 24]

Distinction from Previous Case Law – Skipper Construction Case – Distinguished – The Court distinguished the present case from the Skipper Construction precedent, noting that the facts and circumstances were markedly different. In Skipper Construction, the actions taken were in clear defiance of the court's direct orders, unlike in the present case where ongoing legal proceedings were involved. [Para 20-22, 23]

Decision – Dismissal of Appeal – The Supreme Court dismissed the appeal, finding no merit in the contention that filing of a suit by the respondents amounted to contempt of court. The Court underscored that their observations were limited to the question of contempt and should not influence the ongoing property dispute trial. [Para 26-28]

Civil Appeal – Tender Process and Public Interest Litigation – Evaluation of the tender process undertaken by the Travancore Devaswom Board for procurement of cardamom for Aravana Prasadam at Sabarimala Temple. Examination of the maintainability of a public interest litigation challenging the tender process. [Para 18-23, 25]

Maintainability of Public Interest Litigation – held – not maintainable when filed by an interested party with underlying personal interests. Reaffirmed principles governing judicial review in tender matters, emphasizing restraint in contractual disputes masquerading as public interest litigations. PIL should not serve as a tool for personal gain, private disputes, or business rivalries.  [Para 19-22]

Applicability of Food Safety and Standards Act to Religious Offerings – The question of whether the Travancore Devaswom Board qualifies as a “food business operator” under Section 3(1)(j) of the Act deemed irrelevant following the decision on the maintainability of the PIL. [Para 23]

Disposal of Existing Stock of Prasadam – Directed by the Supreme Court, considering the appellant's decision not to distribute the existing prasadam. [Para 24]

Decision – Supreme Court allows the appeal, setting aside the High Court's orders. Finds no illegality or arbitrariness in the award of the contract to respondent no. 2. [Paras 24-27]

Criminal Law – Grant of Anticipatory Bail – Police Officer Misconduct –Bail Overturned – High Court's decision granting pre-arrest bail to respondent, a police officer accused of manipulating investigation and wrongful arrest in Dhanwar PS Case No. 296 of 2021, set aside – Serious allegations against the police officer necessitated careful consideration [Paras 1-2, 9-11]

Role and Conduct of Police in Investigations – emphasized the heightened responsibility of police officers in maintaining the integrity of investigations. The Court underscored the serious implications of a police officer, particularly an Investigating Officer, abusing their authority to manipulate investigations. [Para 6, 8, 10]

Criteria for Granting Bail – outlined – The Court reiterated the considerations for granting bail, including the nature and seriousness of the offence, evidence character, peculiar circumstances of the accused, and potential risk of the accused tampering with evidence or witnesses. It was held that these considerations also apply to anticipatory bail, with additional emphasis on public interest and state security in cases involving police officers. [Para 7]

Judicial Discretion in Bail Matters – stressed – The Court noted that the exercise of judicial discretion in bail matters must be judicious and supported by cogent reasons, especially in cases involving law enforcement officers where public interest and the integrity of the criminal justice system are at stake. [Para 5, 9]

Decision – Revocation of Anticipatory Bail – The Supreme Court set aside the High Court's order granting anticipatory bail to the accused police officer, observing that the High Court failed to consider the serious allegations and the potential impact on public trust in law enforcement.

Accident Compensation – Motor Accident – Appeal against reduced compensation awarded by High Court – Original claim for ₹1,00,00,000/- by dependants of deceased Ravisankar – Tribunal awarded ₹51,64,550/- – High Court reduced to ₹22,48,000/- – Supreme Court reassessed compensation to ₹38,81,500/-. [Paras 1, 5-6, 17]

Income Assessment of Deceased – Multi-tasking deceased involved in agriculture, dairy farming, and government contracting – Initial Tribunal assessment at ₹50,000/- monthly – High Court revised to ₹20,000/- – Supreme Court reassessed at ₹35,000/- monthly considering various sources of income and evidence. [Paras 2, 11-14, 16]

Compensation Calculation – Methodology – Based on Motor Vehicles Act, 1988 – Consideration of age, future prospects, personal expenses, multiplier of 11 as per Sarla Verma case – Additional compensation for loss of estate, funeral expenses, and loss of consortium. [Paras 15-16]

Decision: The Supreme Court modified the High Court's judgment, increasing the compensation to ₹38,81,500/- with 8% interest from the date of filing the claim petition till realization. [Para 17]      

Quashing of FIR for Rape on False Promise to Marry -  FIR and subsequent proceedings under Sections 376(2)(n) and 506 IPC were quashed due to inconsistencies and improbabilities in the complainant's allegations, demonstrating that the relationship was consensual and not based on a false promise to marry - Discrepancies noted between FIR, complainant's statement under Section 164 Cr.P.C., and actual facts concerning the complainant's marital status. [Paras 1-2, 6-8, 10]

Consent and Misconception – Analysis – The Court highlighted the nature of the relationship between the appellant and the complainant, noting that the complainant was not under any misconception at the time of giving consent. The Court observed that the allegations did not constitute rape as defined under Section 375 of the IPC. [Paras 6.3, 8, 9]

Evaluation of Evidence – Discrepancies in Complainant’s Testimony – The Court pointed out inconsistencies in the complainant's statements regarding the divorce from her first husband and subsequent relations with the appellant. It was observed that the complainant's actions did not align with her allegations of being deceived into a physical relationship. [Paras 6.2, 7, 9]

Decision – The appeal was allowed, and the FIR and subsequent proceedings against the appellant were quashed due to the lack of credibility in the allegations and the consensual nature of the relationship. [Para 10]

Family Law - Divorce on grounds of irretrievable breakdown - Supreme Court exercises discretion under Article 142(1) to dissolve the marriage of Jatinder Kumar Sapra and Anupama Sapra - The marriage, solemnized on 14.10.1991, has deteriorated over 22 years of separation - Findings based on non-cohabitation since January 2002, allegations of mutual cruelty, and no possibility of reconciliation - Previous attempts at mediation unsuccessful - Marriage dissolution granted despite unresolved allegations between parties [Paras 2-8].

Alimony - Appellant to pay Rs. 50,00,000/- as permanent alimony - Payment scheduled in five installments from May to September 2024 - Financial stability of appellant, formerly employed in managerial positions at multinational corporations, considered in decision [Para 9].

Decision: The Supreme Court allowed the appeal, issuing a decree of divorce on grounds of irretrievable breakdown of the marriage – Permanent alimony set at Rs. 50,00,000/-, with specific payment schedule [Para 10]. The decree to be issued following proof of full payment [Para 10].

Writ - Constitutionality of Minimum Qualifying Marks in Viva Voce – Judicial Recruitment – Writ Petition challenging Bihar and Gujarat Rules prescribing minimum marks in viva voce for judicial posts – Held, prescribing minimum marks is permissible and does not violate fundamental rights or judicial precedents – Prescriptions aligned with ensuring meritocracy and efficiency in judiciary – Dismissal of challenge justified on legal and constitutional grounds. [Paras 1-102]

Judicial Service Examination – Bihar and Gujarat – Analysis of recruitment processes – Scrutiny of Bihar’s moderation of marks and Gujarat’s consultation process with the Public Service Commission – Both found legally valid – Moderation undertaken to address insufficient qualifying candidates, consultation appropriately managed – Upheld the transparency and legal compliance of recruitment processes in both states. [Paras 69-102]

Discretion in Judicial Recruitment – Addressing non-availability of qualified candidates – High Court’s discretion in mark moderation and interview panel selection discussed – Recommendations for improving recruitment transparency and predictability – Designation of responsible authority for candidate inquiries and clear guidelines for mark moderation suggested to enhance procedural clarity and fairness. [Paras 100-101]

Decision – Dismissal of Writ Petitions – Supreme Court upholds the prescribed minimum qualifying marks for viva voce in judicial recruitment in Bihar and Gujarat – Confirms legality of recruitment processes and rejects challenges based on constitutional grounds – Recommends procedural enhancements for future recruitments to ensure fairness and transparency. [Para 102]

Conviction Based on Dying Declaration - Validity Upheld for One Accused - Victim’s declaration deemed cogent, trustworthy, and reliable - Conviction of Pappi @ Mashkoor (accused No.1) upheld based on victim's dying declaration stating he set her ablaze - Dying declaration held as the sole basis of conviction without independent corroboration - Court satisfied with victim’s mental fitness and voluntariness in giving statement [Paras 6-11, 13-14].

Role of Co-Accused in the Offence - Benefit of Doubt to Two Accused - Accused No. 2 (Naeema) and Accused No. 3 (Naeem) acquitted due to lack of specific evidence on their roles in aiding the primary accused - Dying declaration not specifying their explicit involvement in the crime [Para 15].

Dying Declaration – Credibility and Legitimacy – Held – emphasized the necessity for the court to ensure that the dying declaration is true, voluntary, and made by a person in a fit state of mind, not influenced by tutoring, prompting, or imagination. The court observed that a dying declaration, if found reliable, can form the sole basis for conviction without corroboration. [Para 7, 10, 11]

Decision – Acquittal of Co-accused – Supreme Court allowed the appeals of Naeem and Naeema, leading to their acquittal due to insufficient evidence against them in the dying declaration, whereas the appeal of Pappi @ Mashkoor was dismissed, maintaining his conviction. [Para 16]