Murder – Dying Declaration – Conviction – Appellant accused of murdering his wife by setting her on fire – Dying declaration made by the deceased implicated the appellant – Declaration recorded by Naib Tahsildar after certification of fitness by doctor – Appellant argued discrepancies in evidence and lack of kerosene smell should invalidate conviction – Court held dying declaration met all legal requirements and was credible​​.

Dying Declaration – Credibility and Reliability – Court upheld dying declaration as it fulfilled prescribed conditions – No substantial discrepancies between dying declaration and FIR – Lack of kerosene smell on bed sheet, quilt, and pillow not sufficient to discredit prosecution’s case​​.

Sentence – Reduction from Section 302 to 304 – Court rejected argument for reducing conviction to Section 304 Part II IPC despite appellant's attempt to extinguish fire – Evidence showed appellant's culpability for murder​​.

Decision: Appeal dismissed – Conviction and sentence under Section 302 IPC upheld – State directed to consider appellant’s release as per Jail Manual if applicable​​.

Quashing of FIR – Delay in Lodging FIR – FIR filed after an extraordinary delay of six years raises serious doubts about the allegations' veracity – Allegations against appellants (in-laws) were general and vague – Court found continuation of proceedings against appellants 1, 2, and 3 to be an abuse of process of law – FIR quashed insofar as it relates to in-laws – Proceedings to continue against appellant-husband​​.

Jurisdiction – Part Cause of Action – High Court’s view that part cause of action occurred within its jurisdiction was upheld – FIR cannot be quashed on jurisdictional grounds​​.

Decision: Appeal allowed – FIR quashed insofar as it relates to appellants 1, 2, and 3 – Proceedings against appellant-husband to continue as per law without influence from the court’s observations on in-laws’ allegations​​.

Service Law – Probation and Termination – Appellant, a Judicial Member of CESTAT, discharged without confirmation after three years – Discharge order based on complaints from Bar members – High Court quashed discharge order for non-compliance with notice requirement under Rule 9(2) – Supreme Court held discharge order stigmatic and punitive, requiring formal inquiry under Article 311(2)​​.

Probation and Confirmation – Rules Interpretation – Rule 8 provides for probation extension up to three years – Rule 9(2) requires one month’s notice for termination if not confirmed after three years – Discharge without notice held arbitrary and colorable exercise of power​​.

Service Reinstatement – Appellant entitled to reinstatement with full back wages due to arbitrary discharge – Supreme Court directed Union of India to release all consequential benefits within two months​​.

Decision: Appeal by Union of India dismissed – Appeal by Pradip Kumar allowed – Order of discharge set aside – Appellant reinstated with full back wages and consequential benefits​​.

Death Penalty – Rarest of Rare – Appellant convicted of murder, attempted murder, rape, robbery, and assault – Incident involved brutal murder of an elderly woman and rape of a pregnant woman – High Court confirmed death penalty considering brutality and disregard for life – Supreme Court considered mitigating factors such as appellant’s young age, influence of alcohol, and lack of premeditation – Death sentence commuted to life imprisonment​​.

Doctrine of Rehabilitation – Mental State – Appellant’s intoxicated state indicated lack of control over actions – Possibility of reform and rehabilitation considered – Emphasis on judicial discretion and individual case circumstances for determining appropriateness of death penalty​​.

Decision: Appeal partly allowed – Death sentence commuted to life imprisonment – Sentences to run consecutively – Emphasis on the appellant's potential for rehabilitation and lack of similar criminal history​​.

Murder vs. Culpable Homicide – Sudden and Grave Provocation – Appellant accused of killing his brother with a tobru (small axe) – Incident arose from a quarrel where the deceased, under the influence of alcohol, abused and assaulted their father – High Court upheld conviction under Section 302 IPC – Supreme Court re-evaluated the circumstances, emphasizing the sudden and grave provocation faced by the appellant​​.

Intention to Kill – Provocation – Examination of whether the appellant intended to kill the deceased or acted under provocation – The court found no premeditation or intent to kill – The act was a reaction to the immediate provocation​​.

Decision: Appeal partly allowed – Conviction under Section 302 IPC set aside – Appellant found guilty under Section 304 Part I IPC – Sentence of 10 years rigorous imprisonment and a fine of Rs. 5000/- imposed​​.

Service Law – Pension – Commutation of Pension – State Government prescribed a new table for the calculation of commutation of pension effective from 31st July 2003 – Respondents, who retired between 31st July 2003 and 30th October 2006, challenged the circular on grounds of discrimination – High Court quashed the circular, restoring the pension in accordance with the revised table issued on 31st October 2006​​.

Classification and Rational Basis – High Court found no rational basis for distinguishing between employees who retired during the specific period and others – Circular dated 29th July 2003 lacked justifiable grounds for adverse classification​​.

Financial Constraints – State Government argued financial constraints and higher rate of interest necessitated the new table – Supreme Court acknowledged financial constraints but emphasized the need for rational and justifiable basis for differential treatment​​.

Remand for Fresh Decision – Supreme Court set aside the High Court judgment and remitted the matter for fresh consideration – Directed High Court to consider additional affidavits and arguments presented​​.

Decision: Appeals partly allowed – Matter remitted to High Court for fresh decision – High Court directed to consider all arguments, affidavits, and contentions raised by the parties​​.

Kidnapping and Rape – Medical and Ocular Evidence – Appellant accused of luring a minor girl and committing rape – Conviction challenged on grounds of conflict between medical and ocular evidence – Supreme Court held no material contradiction existed – Absence of physical injuries on the victim did not negate the act of rape or the appellant’s culpability – Presence of semen on victim’s and accused’s clothes corroborated the prosecution’s case​​.

Appreciation of Evidence – Testimony of Prosecutrix – Court emphasized the reliability of the prosecutrix’s testimony – Statement corroborated by independent witnesses (PW1 and PW3) – Absence of injuries explained by victim’s lack of resistance due to fear and threat from the accused​​.

Penetration and Rape – Legal Interpretation – Court reiterated that even slight penetration constitutes rape under Section 375 IPC – Hymen’s intactness not conclusive against rape – Tenderness in private parts indicated an attempt to rape​​.

High Court’s Interference with Acquittal – Appellate Review – High Court justified in overturning the Trial Court’s acquittal due to improper appreciation of evidence and failure to consider cumulative effect of evidence – Judgment of acquittal not sustainable​​.

Decision: Appeal dismissed – Conviction and sentence under Sections 363 and 376(2)(f) IPC upheld – High Court’s judgment affirmed​​.

Service Law – Temporary Employment – Lien – Respondent appointed temporarily as Project Director for Child Labour Elimination & Rehabilitation Society without proper advertisement – Appointment and subsequent salary increment were in violation of Articles 14 and 16 of the Constitution – Respondent joined another post on deputation and was repatriated but not permitted to rejoin the Society – High Court quashed advertisement for new appointment, restoring respondent’s claim​​.

Lien and Abandonment of Service – Legal Definition – Lien connotes the civil right to hold the post substantively – Requires appointment in accordance with law, confirmation, and permanent status – Respondent had no lien as initial appointment was temporary and not in accordance with law – Voluntarily abandoned post by joining another department without permission – No legal right to challenge new advertisement or reclaim the position​​.

Judicial Review – Appellate Intervention – High Court misdirected in addressing irrelevant issues – Decision based on flawed understanding of service law and respondent’s status – Supreme Court set aside High Court and Single Judge orders, allowing the appeal​​.

Decision: Appeal allowed – High Court and Single Judge orders set aside – Respondent’s claim to rejoin the post invalidated – No costs​​.

Criminal Law – Further Investigation vs. Reinvestigation – Scope – The Trial Court has jurisdiction to direct further investigation under Section 173(8) CrPC, but not fresh or de novo investigation once a report under Section 173(2) has been filed – Higher courts can order a fresh investigation if necessary to ensure fair investigation and justice​​.

Legal Framework – Investigating Agencies – Investigating agencies can conduct further investigations even after filing a charge sheet if new evidence emerges – Such further investigation must be filed as a supplementary report and treated in continuation with the initial report – Courts must examine all reports and decide based on cumulative evidence​​.

Judicial Review – Superior Courts – Superior courts can exercise powers under Articles 226 and 32 of the Constitution to direct further investigation, fresh investigation, or reinvestigation in exceptional cases to ensure a fair process and justice – Such orders should explicitly mention the status of previous investigations and reports​​.

Decision: Appeals allowed in part – High Court's order set aside – Case remanded to the Additional Sessions Judge to proceed based on the CBI's closure report and in accordance with law – Directions provided for the fair evaluation of all investigative reports​​.