Advocates Cannot Threaten Judges With Corruption Allegations To Force Favourable Orders: Bombay High Court Holds Lawyers Guilty Of Criminal Contempt Co-Sharer Cannot Transfer Specific Portion Of Joint Land; Sale Operates Only As Transfer Of Undivided Share: Himachal Pradesh High Court Companies Act 2013 | Amount Due For Refund Post-Capital Reduction Does Not Qualify As Unclaimed Application Money For IEPF Transfer: Delhi High Court Seniority Cannot Be Claimed By Ad Hoc Or Temporary Employees Over Regularly Appointed Candidates: Supreme Court Supreme Court Directs Deposit Of Entire Enhanced Compensation In Land Acquisition Appeals To Balance Financial Liability And Landowners' Rights Succession To Bhumidhari Rights By Hindu Women Governed By Personal Law As It Stands On Date Of Demise: Supreme Court Hindu Widow’s Limited Life Interest In Agricultural Land Becomes Absolute Upon Enactment Of HSA 1956, Governs Devolution Under Delhi Land Reforms Act: Supreme Court Bodily Injury Under Section 165 MV Act Covers Both Temporary And Permanent Injuries Irrespective Of Disability Certification: Bombay High Court Testimony Of An Injured Witness Is A 'Sterling Witness' With A Built-In Guarantee Of Presence At The Scene Of Crime: Allahabad High Court Scrutiny Committee Has Inherent Power To Direct Re-Examination Of Documents During Caste Verification, Does Not Need To Discard Entire Vigilance Report: Bombay High Court Tender Cancellation Orders Must Be Reasoned; Affidavit Cannot Supplement Missing Reasons: Allahabad High Court Section 9 Of Arbitration Act Allows Interim Orders Against Non-Signatories To Preserve Subject Matter: Delhi High Court Order VII Rule 11 CPC | Parsi Matrimonial Suit Can Be Dismissed At Threshold If Jurisdictional Fact Of Marriage Solemnisation In India Is Absent: Bombay High Court Section 125 CrPC | Maintenance Is A Social Welfare Measure To Prevent Destitution, Not A Tool For Financial Enrichment: Allahabad High Court Locus Standi To Challenge Tenancy Orders | Person With Registered Agreement For Sale Is An 'Aggrieved Person' Under BTAL Act: Bombay High Court State Legislature Lacks Competence To Levy Cess On Agricultural Produce Brought For Manufacturing Without Sale: Uttarakhand High Court Senior Citizens Act | Maintenance Order Attains Finality And Remains Executable Against Legal Heirs Post-Death Of Respondent: Telangana High Court Civil Court Cannot Grant Injunction Against SARFAESI Proceedings Even If Suit Property Title Is Disputed: Madhya Pradesh High Court Co-Accused Confession Without Recovery Hit By Section 23 BSA: Punjab & Haryana High Court Grants Bail In Robbery Case Section 28 Hindu Marriage Act | Appellate Court Can Set Aside Divorce Decree Upon Post-Decree Reconciliation Between Parties: Rajasthan High Court Failure To Collect Electronic Evidence Such As Call Detail Records In Offences Under Section 354 IPC Can Prove Fatal To Prosecution Case: Telangana High Court Mere Pendency Of Challenge To Sale Certificate Before DRT Does Not Bar Mutation Under OSS Rules: Orissa High Court Court May Impose Conditions On Minor’s Custody In Habeas Corpus Proceedings To Protect Best Interest Of Child: Madhya Pradesh High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Order 7 Rule 11 CPC | Plaint Cannot Be Rejected For Lack Of Specific Particulars Or Res Judicata At Preliminary Stage: Kerala High Court Surprise Check Without Prior FIR Registration Casts Doubt On Foundational Facts; Uncorroborated Approver Evidence Tainted: Madras High Court Acquits Former Protector Of Emigrants Appointment Of Lambardar | Appellate Authority Remanding Matter Must Not Pre-Judge Merits Of Candidates: Punjab & Haryana High Court Disciplinary Proceedings | Subsequent Deposit Of Embezzled Amount Does Not Exonerate Employee Or Efface Misconduct: Rajasthan High Court Order XXI Rule 37 CPC | Willful Evasion Of Decretal Debt Despite Having Means Justifies Arrest And Detention: Telangana High Court Claims For Recovery Of Stridhan Must Be Substantiated By Cogent Evidence, Not Merely Oral Assertion: Kerala High Court Concurrent Findings Of Fact Regarding Unproved Oral Family Settlement Cannot Be Re-Appreciated In Second Appeal: Punjab And Haryana High Court Limitation Act | Governmental Bureaucratic Delays Without Acceptable Explanation Cannot Be A Ground For Condoning Delay Under Section 5: Telangana High Court Constitutional Courts Should Refrain From Fixing Time-Bound Schedules For Disposal Of Cases In Lower Courts: Jharkhand High Court Industrial Tribunal Cannot Bypass Adjudication Of Domestic Enquiry Validity In Termination Disputes: Calcutta High Court Section 106 Indian Evidence Act Cannot Shift Burden To Accused Unless Prosecution Establishes A Prima Facie Case: Allahabad High Court NDPS Act | Criminal Antecedents And Stage Of Investigation Are Decisive Factors For Grant Of Bail Under Section 480 BNSS: Andhra Pradesh High Court Cannot Dismember An Existing Factory: Bombay High Court Quashes BMC Notices To Acquire Private Land Under Section 299 MMC Act Order 21 Rule 32 CPC | Proof Of Violation By Way Of Expert Evidence Regarding Age Of Construction Is Mandatory: Himachal Pradesh High Court Section 34 Arbitration And Conciliation Act | Court Cannot Re-appreciate Evidence, But Award Lacking Reasoning And Basis Is Patently Illegal: Calcutta High Court Section 175(3) & (4) BNSS | Magistrate Cannot Pass Mechanical Orders For FIR Registration Against Public Servants Without Complying With Statutory Safeguards: Allahabad High Court

Name in suicide note not enough to convict unless other evidence suggests it's not false -P&H HC

07 May 2024 8:19 AM

By: Admin


The Punjab and Haryana High Court has declared that the mere inclusion of a name in a suicide note is insufficient to establish guilt unless other evidence shows that the attribution is accurate and free from any air of falsehood.

The appeal contesting the Additional Sessions Judge's decision in which the accused was found guilty of offences punishable under Sections 306 and 34 of the IPC was being heard by the Justice Sureshwar Thakur bench.

In this instance, Punjab National Bank had granted the complainant's father Satbir (now deceased) a CC Limit of Rs. 75.0 lacs. The second accused, Sharwan Kumar, was acting as a middleman, and with the help of the third accused who was found not guilty, his father was able to get a CC Limit facility from the bank.

A case was filed against Pardeep Sharma, the owner of M/s Shyam Trading Company, at the Punjab National Bank's Mall Road Branch in Delhi for obtaining a loan through forgery. The investigating officer informed them that his father Satbir's signatures were attached to the loan documents.

Even though his signature appears on the loan documents for the company M/s Shyam Trading Company, his father Satbir stated that he does not know Pardeep Sharma. The acquitted accused Sharwan Kumar and Ravi Bharti (duo) further informed him that Pardeep Sharma is their relative and that he had added these signatures at their request.

The complainant and his father saw the pair as a result, but they refused to provide them any information about Pardeep Sharma instead saying that since Satbir's signature was on the paperwork, they should now face the consequences and that they wouldn't reveal anything else.

Due to pressure from the exonerated defendants Sharwan Kumar, Ravi Bharti, and Pardeep Sharma, his father ingested poison.

During the inquiry, the police also found a suicide note in which Satbir mentioned Ravi Bharti and cleared the suspects of being the ones to blame for his passing. The duo had lured Satbir into a trap, and as a result, he had ingested the poison, as was made obvious in the suicide note. On the bottom of the suicide note, Satbir also signed his name.

The bench was asked to consider the following:

The High Court stated that if the contents of the suicide note or dying declaration are shown to not have been written by the deceased or if the signatures on the document are determined by the Handwriting Expert concerned to not belong to the deceased, then the evidence is prima-facie strong and falls under the purview of Section 32 of the Indian Evidence Act.

The bench ruled that the report of the Handwriting Expert concerned may only be used as evidence if it has been admitted or standard writings of the deceased or of the person in question have been produced alongside the contested writings by the investigating officer.

According to the High Court, "the attributions of inculpations, in the purported dying declaration concerned, as purportedly authored by the deceased concerned, and as appertaining to the maker's committing suicide and becoming instigated by any purported potent instigatory actus-reus of the offender(s) concerned, cannot per se be believed, unless all the surrounding circumstances and other evidence also suggests that such attribution, is truth."

Given the foregoing, the bench granted the appeal.

Ravi Bharti

Vs

State of Haryana 

Download Judgment

[gview file="http://lawyer-e-news.com/wp-content/uploads/2022/09/Ravi_Bharti_v_State_of_Haryana.pdf"]

Latest Legal News