Criminal Procedure Code, 1973 (CrPC)—Section 374(2)—Penal Code, 1860 (IPC)—Sections 395 & 397 (Paras 1–3, 8, 15, 28–29) Dacoity—Appreciation of Evidence—Material Contradictions—Failure to Prove Factum of Dacoity—Benefit of Doubt—Acquittal (Paras 16–27) The present appeal under Section 374(2) CrPC was preferred against the judgment dated 29.08.1983 passed by the Special Sessions Judge, Badaun in Special Sessions Trial No.157 of 1982, arising out of Case Crime No.321, Police Station Ujhani, District Badaun, whereby the accused-appellants were convicted under Sections 395 IPC and 395 read with 397 IPC (Paras 1–3, 8). During pendency of the appeal, four appellants died and the appeal abated against them (Para 3). The core issue before the Court was whether t...

Criminal Procedure Code, 1973—Section 374(2)—Appeal Against Conviction—Reappreciation of Evidence—In an appeal against conviction under Section 374(2) CrPC, the appellate court is duty-bound to re-examine whether the prosecution has established guilt beyond reasonable doubt, particularly where conviction under Sections 302/34 IPC is challenged on grounds of absence of credible evidence and lack of proof of common intention (Para 9). Penal Code, 1860—Sections 302/34—Circumstantial Evidence—Common Intention—Where the prosecution case rests substantially on circumstantial evidence, the chain of circumstances must be complete and unbroken—Hostility of seizure list witnesses and failure to convincingly prove recovery of alleged incriminating articles, such as blood-stained clothes, creat...

A. Code of Criminal Procedure, 1973—Section 311 / Bharatiya Nagarik Suraksha Sanhita, 2023—Section 348—Recall of Witness—Scope—Court empowered to summon, recall or re-examine any witness at any stage of trial—Provision to be interpreted purposively to advance cause of justice and discovery of truth—Essentiality of evidence to just decision is determinative test—Rejection of application solely on ground that it was second in line held improper—One opportunity ought to have been granted. [Paras 5 to 7] B. Negotiable Instruments Act, 1881—Section 138—Further Cross-examination of Defence Witness—In prosecution under Section 138 NI Act, recall of DW.1 for further cross-examination permissible where it aids fair adjudication—Though power under Section 311 CrPC...

Code of Criminal Procedure, 1973—Section 482—Negotiable Instruments Act, 1881—Section 138—Quashing of Proceedings—Drawer and Account Holder Distinction—Petition under Section 482 CrPC seeking quashment of prosecution under Section 138 NI Act—Allegation that cheque was drawn on account maintained by proprietary concern through its proprietor (first accused), but cheque was signed by second accused as authorised signatory of proprietor—Complaint itself disclosed that signatory was not the account holder and account holder had not signed the cheque—Under Section 138 NI Act, criminal liability arises only against “drawer” who maintains the account and draws the cheque—In case of individual/proprietorship concern, neither non-signatory account holder nor signatory who is n...

Criminal Procedure Code, 1973—Section 378—Appeal Against Acquittal—Scope of Interference—In an appeal against acquittal under Section 378 CrPC, the High Court may review and reappreciate the entire evidence; however, it must bear in mind the double presumption of innocence in favour of the accused—Interference is unwarranted where the trial court’s view is a possible and reasonable conclusion based on the evidence on record (A). Penal Code, 1860—Sections 302, 498A, 114—Murder and Cruelty—Proof Beyond Reasonable Doubt—Though medical evidence established homicidal death by burns, the prosecution failed to prove the identity and role of the accused beyond reasonable doubt due to absence of reliable direct or corroborative evidence and material weaknesses in the case (C). Evide...

Penal Code, 1860—Sections 302, 304 Part I, 34—Murder vs. Culpable Homicide—Application of Section 300 Exception 4 In a case arising out of a sudden quarrel between brothers over house construction, resulting in death, the conviction under Section 302 IPC was modified to Section 304 Part I IPC (Paras 30–62) The Court held that the incident occurred without premeditation, in the heat of passion during a sudden fight, and without the accused taking undue advantage or acting in a cruel or unusual manner, thereby attracting Exception 4 to Section 300 IPC (Paras 38–40, 45). Testimony of the sole eyewitness (wife of the deceased) revealed that the appellants were initially unarmed and procured weapons only after a scuffle; they did not flee the scene—circumstances inconsistent with a pre-planned murde...

Railways Act, 1989—Sections 66 & 73—False Declaration—Requirement of Mens Rea—For imposition of penalty under Sections 66 and 73 of the Railways Act, 1989, deliberate intention to defraud or cause wrongful loss must be established—Mere operational discrepancies, clerical errors, or procedural variations do not amount to “false declaration” in the absence of concealment, misrepresentation, or demonstrable freight loss (Paras 47, 49, 51, 55). Contract Act, 1872—Section 74—Forfeiture and Penalty—Forfeiture of earnest money or security deposit requires proof of breach and must represent a reasonable pre-estimate of loss—Confiscatory or deterrent charges imposed without proof of actual loss are punitive and legally unsustainable (Paras 15, 45, 52). Administrative Law&m...

All India Council for Technical Education (AICTE) Regulations — Career Advancement Scheme (CAS) — Ph.D. Requirement — Prospective Application—The requirement of possessing a Ph.D. degree for promotion to higher grade pay under the Career Advancement Scheme (CAS) is prospective in operation and applies only to faculty who entered service after the cut-off date specified in the Regulations; it cannot be imposed retrospectively upon existing incumbents (Paras 12, 13)—For determining eligibility under CAS, the relevant consideration is the date of entry into service, not the date on which promotion becomes due (Para 12). A clarificatory notification issued by AICTE cannot operate as an amendment to existing Regulations so as to curtail accrued service benefits (Para 14). Distinction between technical and non-t...

Government Liability—Hiring of Hotel Premises for Protected Persons—Accommodation and Catering Charges—Where hotel premises are requisitioned or hired by Government authorities for accommodating protected political persons, and security arrangements restrict independent commercial use of the premises, the Government is legally bound to honour claims for accommodation and catering charges incurred in such engagement (A, E)—The State cannot subsequently dispute the necessity of accommodation once the premises were placed under official control. Civil Procedure Code, 1908—Order VIII Rules 3 & 5—Admission by Non-Denial—Failure to specifically deny material averments in pleadings amounts to deemed admission, strengthening the claimant’s case (B). Natural Justice and Administrative Fairn...

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—Section 26(2) and First Schedule—Multiplication Factor—Determination of Compensation—Section 26(2) read with the First Schedule mandates application of a multiplication factor ranging from 1.00 to 2.00, as notified by the Appropriate Government, for determination of market value of land in rural areas, ensuring fair and equitable compensation (Paras 14, 19). The applicable multiplication factor is the one in force on the date of the preliminary notification initiating acquisition proceedings; a subsequent notification cannot retrospectively alter compensation rights (Paras 15, 20). Land Acquisition—Legality of Administrative Action—Verbal Orders—State action must be traceable to statuto...