MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Supreme Court Overturns Conviction in Disputed Passage Case: No Pre-determined Intent Found

07 May 2024 8:19 AM

By: Admin


On 11 April 2023, Supreme Court acquitted the accused in a recent case (Ajmer Singh & Ors. Vs State of Haryana) and observed that the date of the incident was not disputed, and it was not evident that the appellants had any pre-determined intention to cause harm. They were merely passing through the disputed passage in a trolley, and the weapons used in the altercation were common agricultural tools.

Appellants were convicted by the Trial Court for their involvement in a violent altercation that occurred on March 27, 1997, over a disputed passage. Both parties sustained injuries during the incident, which began when Surender Singh tried to drive a tractor trolley through the disputed passage. This led to a heated argument and a physical altercation involving lathi and kassi (spade) blows.

The High Court upheld the appellants' conviction and dismissed their appeal. However, it later modified the sentencing due to an interim order that reduced the sentence under Section 307 read with Section 149 IPC from seven years to five years. This modification was not initially incorporated into the detailed judgment.

The appellants challenged their conviction in the Supreme Court and argued that their case was not adequately considered by the lower courts. They claim that they were not the aggressors and were acting in self-defense. Furthermore, they assert that the disputed passage, which was the root cause of the altercation, was later determined to be owned by the Gram Panchayat and not the complainant party.

Supreme Court observed that the date of the incident was not disputed, and it was not evident that the appellants had any pre-determined intention to cause harm. They were merely passing through the disputed passage in a trolley, and the weapons used in the altercation were common agricultural tools.

The court noted that the main dispute revolved around the use of the passage, which the complainant party claimed as their own. However, it was later determined in a civil case that the passage belonged to the Gram Panchayat and not the complainant party.

The court acknowledged that both parties had sustained injuries during the altercation but found that the High Court had not given due consideration to the injuries suffered by the appellants. Instead, the focus was mainly on the injuries and evidence presented by the complainant party, while the appellants' defense was overlooked.

The Supreme Court held that the conviction and sentence of the appellants could not be legally sustained. The appeals were allowed, and the judgment and order of conviction and sentence passed by the Trial Court and affirmed by the High Court were set aside.

Ajmer Singh & Ors. Vs State of Haryana

Latest Legal News