Penal Code, 1860—Sections 302, 397, 201—Criminal Appeal—Conviction Based on Sole Eye-Witness Testimony—Reliability and Corroboration—Delay in Examination—Unnatural Conduct—Acquittal—Appellant convicted for murder (Section 302), robbery with attempt to cause death (Section 397), and causing disappearance of evidence (Section 201) based primarily on testimony of a sole eyewitness (PW:10), a habitual offender, who claimed to have witnessed rape, murder, and robbery—Prosecution’s case involved circumstantial evidence including disposal of body, mobile phone, and sale of looted ornaments—The trial court found PW:10 wholly reliable, convicting appellant except for rape charge—On appeal, the court emphasized that conviction on sole eyewitness requires the testimony to be who...
Supreme Court set aside the judgment of acquittal passed by the High Court of Karnataka, thereby restoring the conviction and sentence imposed by the Trial Court on the respondent-accused under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988—The case pertained to a demand and acceptance of Rs. 500 as part of a bribe of Rs. 1,500 by a Village Accountant for processing a mutation application in revenue records—The trial court convicted the accused, relying on the testimonies of PW1 (complainant) and PW2 (shadow witness), trap proceedings, and phenolphthalein test results—The High Court had acquitted the accused citing inconsistencies in witness statements—However, the Apex Court held that minor discrepancies arising after a long lapse of time (10 years) cannot discredit otherwise trustwort...
Evidence Act, 1872—Section 65-B—The present appeal under Section 13(2) of the Commercial Courts Act, 2015 read with Order XLI CPC, challenging the judgment dated 13.09.2024 in CS (COMM) 614/2022, was dismissed—The Commercial Court had decreed a recovery suit filed by the respondent (plaintiff) for Rs. 3,73,383/- along with 9% interest p.a—The dispute arose from the supply of leather goods by the plaintiff, which the defendant claimed were defective and returned, supported by two debit notes and a challan—However, the Court found the defendant's stand inconsistent and uncorroborated—Crucially, he failed to produce his ledger or stock register reflecting the return of goods or corresponding accounting entries—The plaintiff, on the other hand, proved the invoices, ledger, GST details, and WhatsAp...
Penal Code, 1860—Sections 148, 149, 302—The Supreme Court allowed appeals challenging the acquittal of the respondents by the Allahabad High Court in a case involving charges under Sections 148, 450/149, 323/149, 307/149, and 302/149 IPC—The trial court had convicted Satendra and Neetu while acquitting six co-accused—The High Court acquitted Satendra and Neetu, citing discrepancies in eyewitness testimony—The Supreme Court held that the High Court erred in rejecting the consistent and credible testimonies of three eyewitnesses—Rajveer Singh (PW-1), Rajpal Singh (PW-2), and Lakshman Singh (PW-3)—who were family members of the deceased and present at the scene—The Court found no material contradiction in their identification of the accused and emphasized that minor discrepancies are natural in...
Criminal Procedure Code, 1973—Section 378(4)—This petition seeking leave to appeal, the Delhi High Court upheld the judgment dated 10.01.2020 passed by the learned ASJ (POCSO Act), South-East, Saket, acquitting the respondent of offences under Sections 341, 392, 354, 506 IPC and Section 12 of the POCSO Act—The prosecutrix, a minor girl, alleged that the respondent wrongfully restrained, robbed, sexually harassed, and later intimidated her—However, the Court observed several material contradictions and improvements in her testimony vis-à-vis her complaint and statement under Section 164 CrPC—Key allegations such as physical assault, sexual misconduct, and robbery were either absent from the original complaint or inconsistent in subsequent depositions—The Court noted inconsistencies among testimoni...
Penal Code, 1860—Sections 304 Part-I—Criminal Appeal 541 of 1996, Criminal Appeal 277 of 2024, and S.B. Criminal Appeal No. 351 of 1996—In Criminal Appeal 541 of 1996, the State of Rajasthan challenged the acquittal of Sattar Khan and Mumtaj Khan in Sessions Case No. 11 of 1995—Babu Khan @ Salim, the informant, filed Criminal Appeal 277 of 2024, contesting the acquittal of the accused and the conviction of Rahman Khan under section 304 Part-I IPC instead of section 302 IPC—Rahman Khan, aggrieved by his conviction, filed S.B. Criminal Appeal No. 351 of 1996—The prosecution's case stemmed from an incident on 23rd November 1994 where Rahman Khan, Sattar Khan, and Mumtaj Khan were accused in a murder attempt—However, the trial court acquitted Sattar and Mumtaj, citing insufficient evidence—T...
Contract Labour (Regulation and Abolition) Act, 1970—Section 10—reinstatement—Respondents approached Labour Court—Praying inter alia that were employees of appellant—Who have been orally terminated by respondent—Appreciation of evidence—Labour Court returned a categorical finding that contractor had obtained licence under CRLA Act and that contesting respondent were employees of contractor and not of appellant—Appeal—Industrial Tribunal passed an order—Holding that contract labourer automatically becomes an employee of principal employer—Judgment and order confirmed by single Judge—Writ appeal—Dismissed as not maintainable—Hence this appeal—Determination of—Facts of can on hand—In absence of any Notification under Section 10 of CLRA...
Penal Code, 1860 (IPC) - Section 302—Criminal Law—Dying Declaration—Appreciation of Evidence—Acquittal—Appeal—Burden on Prosecution to Prove Accused’s Guilt Beyond Reasonable Doubt—Absence of Eye Witnesses—Contradictions in Dying Declaration and Medical Records—Benefit of Doubt—Criminal Appeal Dismissed—In a prosecution under Section 302 IPC for causing death by setting fire to the deceased, the High Court held that the trial court’s acquittal of the accused was justified—The prosecution failed to prove beyond reasonable doubt that the accused set fire to the deceased, despite the victim’s dying declarations recorded by the Tahsildar and police—The dying declarations were inconsistent with the medical records, which noted ‘self-burn&rsquo...
Criminal Law—Appreciation of evidence—Penal Code, 1860—Sections 302/149 and 307—Murder and attempt to murder—Common object of unlawful assembly—court upheld the conviction of the appellant under Sections 302/149 and 307 of the Indian Penal Code—It clarified that a witness's testimony should not be disregarded simply because it wasn't mentioned in the FIR, and minor contradictions in witnesses' statements do not undermine the prosecution's case—The court also noted that the appellant's firing of a country-made pistol, which resulted in a death, warranted his conviction under Section 149 of the IPC, as part of an unlawful assembly with the common goal of murder—The forensic science laboratory reports supported the prosecution's case—The appeals were dismisse...
Penal Code, 1860 (IPC)—Section 302—Appellants, along with another individual, were charged with various offenses, including murder and concealment of evidence, but were initially acquitted—However, the High Court reversed the acquittal, relying on the "last seen together" theory and the absence of satisfactory explanations from the accused—Supreme Court reviewed the case and found that the prosecution had failed to establish a complete chain of circumstances, leading to the only hypothesis of guilt against the accused—As a result, the Supreme Court acquitted the appellants of all charges and ordered their immediate release. ...
Criminal Procedure Code, 1973 (CrPC)—Section 174, Section 174(1), Section 176, Section 176(3), Section 313—Evidence Act, 1872—Section 138, Section 146Penal Code, 1860—(IPC)—Section 120A, Section 120B, Section 201, Section 302, Section 34, Section 364, Section 364A, Section 365—Criminal case, the independence of a witness is presumed unless there's a likelihood of false implication. Policemen can be witnesses, and their testimony is admissible if trustworthy. In cases of unnatural deaths, the inquest report has no substantive value but can be used to contradict witnesses during the trial. Section 176 of the CrPC is invoked for deaths in police custody, and the accused must explain circumstances in the last-seen theory. The imposition of the death penalty in kidnapping and murder cases requires specia...
Civil Procedure Code, 1908 (CPC)—Order 41 Rule 31—Appeal challenges a judgment in a Regular First Appeal, arguing that the High Court should have thoroughly considered trial evidence and findings. Emphasizing the importance of the appellate process as a valuable right, the court sets aside the High Court's judgment without commenting on the merits of the parties' claims, stressing the need for a conscious application of mind in appellate decisions. The appeal is disposed of. ...
Criminal Procedure Code, 1973 (CrPC)—Section 313—Deputy Chief Engineer, was convicted under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, for demanding and accepting a bribe of Rs. 3,000 from a contractor—The Special Judge for CBI cases sentenced him to one year of rigorous imprisonment and a fine, upheld by the High Court—The Supreme Court rejected the appellant's defense of false implication due to enmity, citing corroborative evidence from the contractor and a shadow witness—Sodium carbonate tests confirmed the presence of tainted money on the appellant—The Court emphasized that demand and acceptance of bribes must be proven beyond reasonable doubt, which was satisfied in this case—The appeal was dismissed, and the appellant was directed to surre...
Criminal Procedure Code, 1973 (CrPC)—Section 291—Penal Code, 1860 (IPC)—Section 302—In a murder case, the court emphasizes the importance of appreciating evidence, particularly the probative value of medical evidence. It highlights that when the eyewitnesses' account is deemed credible and trustworthy, medical opinions suggesting alternative possibilities should not be considered conclusive. The court emphasizes the need for an independent assessment of eyewitness credibility, cautioning against prejudging it based solely on other evidence, including medical opinions. In this specific case, the court criticizes the High Court's peculiar conclusions regarding the risk of holding the victim during a shooting and the absence of mention of incised wounds by eyewitnesses. The court ultimately allows th...
Penal Code, 1860 (IPC)—Section 302, Section 34—Arms Act, 1959—Section 25, Section 27—In a murder trial, the High Court acquitted the respondent, citing the absence of the informant's name in the FIR and a lack of discussion on the evidence of eye-witnesses. The Supreme Court held that the High Court's conclusion about the absence of the informant's name was incorrect. The Court emphasized that the examination of a ballistic report depends on the circumstances of each case. The cousin of the informant was an eye-witness. The High Court was deemed to be in error in directing the respondent's acquittal. The Supreme Court set aside the High Court's judgment and restored the judgment of the Trial Court, allowing the appeal. ...
Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302, Section 323, Section 452—Appreciation of evidence—Court emphasized that a strained relationship between related witnesses and the accused should not automatically lead to disbelief—It stressed the need for careful scrutiny to determine if false implication existed—In a case involving unlawful assembly and murder, witnesses claimed to identify the accused in torch or lantern light, but no such items were produced—The court found the identification unreliable, highlighting inconsistencies between ocular and medical evidence—No firearm injuries were evident in the medical report, leading to the acquittal of the accused due to the benefit of doubt—The decision underscores the importance of credible evidence in criminal proceedings. ...
Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 302—Evidence Act, 1872—Section 3—Charges under Sections 302 and 148 of the Indian Penal Code (IPC), with a focus on the appreciation of evidence under Section 3 of the Evidence Act, 1872. The court highlights the distinction between normal discrepancies and material discrepancies, emphasizing that the latter can corrode the credibility of a party's case. It underscores that the falsity of a particular material witness or particular does not render the entire testimony unreliable, rejecting the application of the maxim "falsus in uno, falsus in omnibus" in India. The acquittal of some co-accused, despite similar evidence, does not necessitate the acquittal of the convicted individuals, allowing the court to differentiate between them...
Penal Code, 1860 (IPC)—Section 323, Section 34, Section 354,—Appreciation of evidence—Modesty of the complainant's wife—The trial court acquitted the appellant of certain charges but convicted him under Section 354—The appellate court upheld the conviction—The appellant's revision application was dismissed ex parte by the High Court—The Supreme Court allowed the appeal, noting the strained relationship between the parties, discrepancies in witness statements, and the absence of independent corroboration—Emphasizing the need to consider the entire factual matrix, the Court held that the appellant is entitled to the benefit of doubt, setting aside the impugned judgment, and discharging the appellant from the bail bond. ...
Penal Code, 1860 (IPC)—Section 299, Section 302—Evidence Act, 1872—Section 3—Appreciation of evidence—Accused, fully aware of the consequences, caused the death of the deceased by kicking him in the private part with his right knee—Witness testimonies established that the accused entered the deceased's house, physically assaulted him, and ultimately caused his death with a deliberate kick—The evidence, supported by the doctor's testimony, conclusively demonstrated that the fatal injury was inflicted by the accused—The nature of the injury was severe, leading to death, and it was not a result of a simple scuffle or fit of anger—The conviction under Section 304 (Part II) IPC was inappropriate; instead, a proper conviction should have been under Section 302 IPC for murder. ...
Penal Code, 1860 (IPC)—Section 143, Section 144—Evidence Act, 1872—Section 3—Appreciation of evidence—Incident involved an attack on one Prakash Gopal Katkar, resulting in his death and injuries to others—The trial court acquitted all accused, but on the State's appeal, the High Court convicted the appellant under Section 302 IPC—The High Court excluded the application of Section 149 IPC, limiting the involvement to four persons—The prosecution's case relied on eyewitness accounts, asserting enmity between the deceased and the appellant's family—The High Court, disagreeing with the trial court's acquittal, emphasized the immediate filing of the FIR and found the eyewitnesses credible.The appellant, accused of piercing the deceased with a weapon (Gupti), appealed against...
Conviction under Section 302 IPC—Appeal by Special Leave—Strained Relations Between Parties—Previous Incidents of Criminal Litigation—Assault on Deceased by Appellant—Ocular Evidence of Witnesses—Prompt FIR—Medical Corroboration—Scrutiny of Evidence by Trial Court and High Court—No Material Contradictions—Conviction Upheld—Appreciation of Amicus Curiae—Appeal Dismissed. ...
Evidence Act, 1872—Section 3—Appreciation of Evidence—Animosity with Accused—Conviction under Section 302 (Simpliciter)—Absence of Substantive Charge under Section 300 IPC—Witness Scrutiny—Medical and Ocular Evidence Corroboration—Inimical Disposition of Witnesses towards Accused—Double-edged Animosity—Accused's Overt Act Resulting in Fatal Injury—Independent Sufficiency for Death—Accusation under Section 300 read with Section 149—High Court Acquittal—Misappreciation of Evidence—Conviction Upheld—Accused's Guilt Established Beyond Reasonable Doubt. ...
Penal Code, 1860 (IPC)—Section 306, Section 498A—State Appeals Acquittal by High Court—Supreme Court Finds High Court's Appreciation of Evidence Unfaulty—Lack of Perversity or Error in Judgment—State Fails to Provide Relevant Witnesses' Evidence for Review—Acquittal Confirmed—The Supreme Court dismisses the State's appeal challenging the High Court's acquittal in a case involving cruelty and abetment of suicide—Notably, the State fails to provide the evidence of crucial witnesses, namely, the deceased's father and brother, for the Court's assessment—Upon examining the High Court's judgment, the Supreme Court discerns no perversity or erroneous approach in evidence evaluation, warranting intervention—The appeal is consequently dismissed, affirming the H...
Penal Code, 1860 (IPC)—Section 148, Section 149—Murder of Amar Pal—The prosecution's case alleges the accused attacked Amar Pal, resulting in his death—Defense argues delays in witness examination cast doubt on their credibility—They also question inconsistencies in witness testimony and omission of key details in the FIR—However, the court finds the delay in examination unexplained but not enough to discredit reliable eyewitness accounts, particularly that of Dr. Rajveer Singh—Despite investigative lapses, the court deems the prosecution's case sufficiently proven and dismisses the appeals, upholding the conviction. ...
Penal Code, 1860 (IPC)—Section 300—Murder - Appreciation of evidence—Appellants were tried for the murder of Janta Singh, resulting in the acquittal of Sat Pal and conviction of the other three—The High Court affirmed the conviction and sentence of the trial court, reversed Sat Pal's acquittal, and directed the fine, if realized, to be paid to the heirs of the deceased—The prosecution's case rested on the eyewitness accounts of Bant Singh and Mukhtiar Singh, along with medical evidence—The trial court acquitted Sat Pal due to discrepancies in the eyewitness testimony—However, the High Court found the acquittal unjustified, considering the consistent testimony of the witnesses and the details provided—The Supreme Court upheld the High Court's decision, dismissing the appeal ...
Penal Code, 1860 (IPC)—Section 149, Section 302—The conviction of appellants under Indian Penal Code sections—Appellants 1-7 are sentenced to life imprisonment for murder, while appellants 8 and 9 receive imprisonment for the period served—The case involves an assault resulting in the death of Gulab, with appellants instigating and participating in the attack—The High Court's reliance on eyewitness testimony is upheld, dismissing the argument of contradictions as mere omissions—The Court finds the evidence credible, supported by an independent witness—While appellants 1-7 are convicted under section 302 read with Section 149, appellants 5 and 6's conviction is reduced to section 323 read with Section 149, altering their sentence—The appeal is partly allowed, confirming convictions an...
Penal Code, 1860 (IPC)—Section 201, Section 325—Appreciation of evidence—Accused, was charged with murdering the wife of a witness—The trial court convicted him under various sections of the IPC, which was upheld by the High Court—However, the Supreme Court found flaws in the High Court's approach, emphasizing the duty of appellate courts to independently assess evidence—While finding the appellant guilty of causing injury to the deceased, the Court overturned the conviction for murder and destruction of evidence—Instead, he was convicted under a lesser charge and sentenced accordingly—The Court highlighted inconsistencies in witness testimonies and lack of evidence linking the appellant to the more serious charges—As a result, the appellant's conviction was modified, and he wa...
Indian Penal Code, 1860—Sections 302/149—Conviction—Credibility of Witnesses—Appreciation of Evidence—Scope of Appeal by Special Leave: In these appeals, the appellants were convicted under Sections 302/149 and 302/34 IPC, with some sentenced to life imprisonment—The prosecution's case involved a fight between two factions, with the appellants arguing they were implicated due to previous enmity—The Supreme Court found no error of law in the High Court's judgment, noting that the testimony of prosecution witnesses, despite being interested and inimical, was corroborated by other evidence—The Court emphasized that in an appeal by special leave, it would not reappraise evidence unless a clear error of law in its appreciation was evident—The Court rejected the argument regarding th...