Penal Code, 1860—Section 302—Murder—Proof and Conviction—For establishing an offence under Section 302 IPC, the prosecution must prove that the death was homicidal and that the fatal injury was caused by the accused—In the present case, the homicidal death of the deceased, Suraj Das, was conclusively established through medical evidence, including the post-mortem report and the testimony of the medical officer (PW/9)—The ocular testimony of eyewitnesses (PW/1 and PW/2) unequivocally identified the appellant as the assailant—Their accounts were consistent and corroborated by the medical evidence (PW/9), the recovery of the weapon of offence (MAT Ext 1) through PW/5, and the investigation details provided by the Investigating Officer (PW/8)—Additionally, the seizure of the weapon from the appe...

Civil Procedure Code, 1908—Section 115; Article 227 of the Constitution of India—Revision Petition—Maintainability—Pecuniary Jurisdiction of Appellate Court—An objection to the pecuniary jurisdiction of the appellate court, if not raised at the earliest opportunity before the appellate forum, is deemed to have been waived—In the present case, the objection was raised for the first time in a revision petition under Section 115 CPC/Article 227 of the Constitution—As per Section 21(2) CPC, such an objection must be taken at the earliest stage in the appellate court and must also show that failure of justice has occurred—Where parties have fully participated in the appellate proceedings, contested the matter on merits, and secured a favorable decision, they are precluded from later challenging t...

Code of Civil Procedure, 1908—Order 6 Rule 17—Amendment of pleadings—Relevance of character evidence under Section 55 of the Evidence Act, 1872—Principles governing amendment and prejudice to opposite party—Dismissal of amendment application. In the present case, the petitioners sought to amend their written statement during trial by incorporating references to a 2013 Fact Finding Committee report relating to ragging and alleged suicidal threats within an institution, contending that such material was relevant under Section 55 of the Evidence Act, 1872 to portray the general character and disposition of the respondent in a defamation suit pertaining to events that occurred in 2011. The petitioners argued that the amendment did not introduce a new cause of action and was necessary for just adjudication.&n...

Motor Vehicles Act, 1988—Section 173—Appeal against MACT Award—Assessment of Income—In a claim petition where the deceased was a skilled worker (mason) and a monthly income of ₹12,000/- was claimed, the absence of documentary proof did not invalidate the claim—The oral evidence supporting the income claim, which remained uncontroverted in cross-examination except for a bare suggestion, was rightly accepted by the Tribunal—The Court reiterated that while minimum wage notifications may serve as a guideline, they are not conclusive in the absence of documents—Courts are permitted to make reasonable estimations ("some guesswork") regarding income, provided such estimations are grounded in the realities of the case—Each case must be decided based on its own factual matrix—The du...

Criminal Procedure Code, 1973—Section 383—Criminal Appeal from Jail—Penal Code, 1860—Section 302—Uxoricide—Conviction and Sentence—Appeal filed from jail under Section 383 CrPC challenging conviction and sentence under Section 302 IPC for the murder of the appellant’s wife. The conviction was based on a finding of guilt, leading to the imposition of a sentence of rigorous imprisonment for life along with a fine. The appellate court considered the legality and correctness of the conviction and sentence imposed. ...

Criminal Procedure Code, 1973—Section 374(2)—Appeal against Conviction—Penal Code, 1860—Section 417—Cheating—Promise of Marriage—Consent to Sexual Intercourse—Misconception of Fact—Applicability of Section 90 IPC—For a conviction under Section 417 IPC, it must be proved that the consent for sexual intercourse was obtained under a misconception of fact as defined under Section 90 IPC. A promise to marry, being a future uncertain event, does not by itself amount to a misconception of fact unless it is shown that the promise was false from the very inception and made without any intention of being fulfilled. ...

Criminal Procedure Code, 1973—Section 383—Appeal from Jail—Penal Code, 1860—Section 302—Murder—Circumstantial Evidence—Last Seen Theory—Non-examination of Material Witness—Hearsay Evidence—Benefit of Doubt—The appellant’s conviction under Section 302 IPC, based solely on circumstantial evidence, was found unsustainable—The prosecution’s case primarily relied on the "last seen theory" and hearsay testimony of P.W. 2 and P.W. 3, who referred to an alleged informer (Dil Bahadur Narsingh) stating the accused's involvement—However, this crucial witness was neither examined by the police nor produced during trial, rendering the statements of P.Ws. 2 and 3 inadmissible hearsay—Moreover, the "last seen" theory could not be relie...

Motor Vehicles Act, 1988—Section 173—Appeal against Judgment and Award of Motor Accident Claims Tribunal—Quantum of Compensation—Just and Fair Compensation—Principles—In an appeal under Section 173 challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal, the primary consideration for the appellate court is whether the award is just, fair, and based on a reasonable assessment of the evidence. The appellate court is empowered to interfere only if the compensation granted is found to be either excessive or inadequate. The Tribunal’s award must have a rational basis and should not be arbitrary or speculative. The appellate jurisdiction is thus limited to correcting awards that are not in consonance with settled legal principles of just compensation. ...

Civil Procedure Code, 1908—Order 21 Rules 97, 101 & 103—Resistance or Obstruction to Possession of Immovable Property—Adjudication of Third-Party Claims—Under Order 21 Rule 97 CPC, any resistance or obstruction to the delivery of possession pursuant to an execution decree must be adjudicated as per Rule 101, which mandates a full inquiry into the right, title, or interest of the objector—However, to invoke Rule 97, the applicant must be in lawful possession of the property—In the present case, the appellants, while not parties to the original suit, sought to assert ownership and possession through tenants during the pendency of execution proceedings—Their possession was acquired in direct contravention of a High Court direction prohibiting transfer or creation of third-party interest—Con...

Penal Code, 1860—Section 307—Attempt to Murder—Ingredients and Proof—Conviction Justified—To establish an offence under Section 307 IPC, it must be shown that the accused committed an act with the intention or knowledge that, under the given circumstances, if death were caused, the act would amount to murder—In the present case, the accused (husband) assaulted his wife using a ‘dao’ (machete), inflicting grievous injuries on vital parts such as the head, neck, and resulting in a severed thumb—The victim’s clear and consistent testimony, directly implicating the accused, stood corroborated by the medical evidence—The abscondance of the accused post-incident and his failure to provide any plausible explanation for the injuries suffered by the wife—a burden placed on him...