High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Divorce Cannot Be Granted Merely on WhatsApp Chats: Bombay High Court Sets Aside Ex-Parte Decree Based on Unproved Electronic Evidence State Cannot Demand Settlement Amount Yet Withhold Legitimate Refund: Bombay High Court Strikes Down MVAT Settlement Order Surveyor’s Report Is Not Sacrosanct; Arbitral Award Ignoring Vital Evidence Is Perverse: Delhi High Court Sets Aside Insurance Arbitration Award When Victim Lives Under Exclusive Control Of Accused, Burden Shifts To Accused To Explain What Happened: Calcutta High Court Medical Evidence Clearly Indicating Suicide Cannot Be Overlooked, Prosecution Must Prove Homicidal Death Beyond Reasonable Doubt: Andhra Pradesh High Court 'Candidates Acted With Full Knowledge of Consequences': Kerala High Court Reverses Order for Refund of 10% Exit Fee in Medical PG Mop-Up Admissions Dispensing with Departmental Inquiry Without Material is Arbitrary: Supreme Court Sets Aside Dismissal of Delhi Police Constable Power Of Attorney Holder Authorized To Enforce Pre-Emption Right Can File Suit, Death Of Principal Does Not Bar Legal Heirs: Orissa High Court Government Servant Convicted In Criminal Case Can Be Dismissed Without Departmental Enquiry: Tripura High Court Upholds Teacher’s Dismissal RTI Cannot Be Used To Bypass Statutory Bar On Police Case Diaries: Punjab & Haryana High Court Sets Aside Penalty Against Police Officers Externment Cannot Be Based On Police Report And Stale Cases: Madhya Pradesh High Court Quashes District Magistrate’s Order Even Exonerated Accused Can Be Summoned During Trial: Punjab & Haryana High Court Upholds Summoning Under Section 358 BNSS Benefit of Doubt Acquittal Not Equal to Honourable Acquittal: Supreme Court Upholds Rejection of Police Constable Candidate Madras High Court Allows NEET-Failed Student To Appear In CBSE Class XII Mathematics Exam After Last-Minute Subject Switch By Parents Salary of Parents Cannot Be Used to Deny OBC Non-Creamy Layer Status in Absence of Post Equivalence: Supreme Court Father Who Rapes Minor Daughter Cannot Seek Leniency: Bombay High Court Upholds Life Imprisonment Construction Of Toilet Is Bare Necessity For Proper Use Of Premises, Expression "Own Use" Not Confined To Landlord's Personal Physical Use: Calcutta High Court 353 IPC | Conviction Cannot Rest On Uncorroborated Testimony Of Sole Witness When Other Evidence Contradicts Occurrence: Delhi High Court Upholds Acquittal 250 BNSS | 60-Day Discharge Period Is Procedural, Does Not Extinguish Accused's Right To Seek Discharge: Gujarat High Court Section 45 PMLA Cannot Become an Instrument of Endless Incarceration: Himachal Pradesh High Court Grants Bail in ₹18 Crore Scholarship Scam Case Land Acquisition — Heirs Who Slept on Rights for 23 Years Cannot Claim Ignorance to Revive Dead Challenge: Karnataka High Court Institutional Hearing Is No Violation of Natural Justice: Kerala High Court Upholds BPCL’s Termination of Decades-Old Petroleum Dealership Witnesses Not Expected To Recount Past Incidents With Mathematical Precision, Minor Contradictions Don't Demolish Credibility: Orissa High Court If a Suit Is Ex Facie Barred by Limitation, the Court Has No Choice but to Dismiss It: P&H High Court

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