CrpC—Section 313—Evidence Act, Section 106—Penal Code, 1860 (IPC) Sections 302 and 201—Acquitted charges—Leading to acquittal and convicting the appellant—"last seen" theory, where it was alleged that the deceased was last seen with the appellant—The Supreme Court found discrepancies in the evidence and doubted the veracity of the last seen theory—They emphasized the need for conclusive proof of last seen and the presumption of innocence in favor of the accused—Consequently, the appellant's conviction was set aside. ...

Penal Code, 1860 (IPC), Sections 341, 323, and 325 read with Section 34—Criminal Procedure Code, 1973 (CrPC) Section 174—Asserted—Acquitted the accused—Prosecution claimed the accused assaulted the informant, but discrepancies, delay in reporting, and insufficient medical evidence raised doubts—Court emphasized that an appeal against acquittal should only be allowed if the trial court's decision is unreasonable or perverse—It ultimately upheld the acquittal, citing inconsistencies in the prosecution's case and insufficient evidence—Appeal was dismissed, and the bail bonds were discharged. ...

Criminal Procedure Code, 1973 (CrPC) SectionS 397, 320, 320(9)—Negotiable Instruments Act. Section 138, 147—Quash conviction—Petitioner and the complainant arrived at a compromise—Complainant received the compensation amount—Court accepted the compromise—Quashed the conviction—Acquitted the petitioner—Court also allowed the petitioner to pay a reduced. ...

Second Loan—Negotiable Instruments Act, 1881—Sections 138, 139 and 118—Dishonour of cheque—Complaint—Accused acquitted by trial Court—Appeal against—Determination of—In the instant case, issuance of cheque in discharge of legal enforceable debt is admitted by respondent—Only defence projected by respondent is that loan against which cheque in question was given as ‘security’ to appellant stands liquidated—But he has not stated anything about demand to return cheque—It has also come in evidence that vehicle against which loan was got by respondent in the year 1997 from appellant was refinanced in the year 2001-2002—May be for this reason respondent has not pressed for return of cheque and agreed to keep earlier cheque as security against loan also—Hel...

Accused acquitted—Court of various charges, including rape, has been convicted by the High Court—However, based on the medical evidence and the Forensic Science Laboratory (FSL) report, which raises reasonable doubt about the accused's guilt, the Supreme Court acquits the accused due to the benefit of reasonable doubt—The appellant is ordered to be released from custody unless required in connection with another case. ...

Criminal Procedure Code, 1973 (CrPC) - Section 313—Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 18, Section 50—Appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for allegedly carrying contraband substances—The High Court had reversed the trial court's acquittal based on oral evidence regarding the production of contraband before the Magistrate—However, the Supreme Court found that the absence of an order of the Magistrate showing the production of contraband raised doubts about the evidence's credibility—As a result, the Supreme Court set aside the appellant's conviction and acquitted him of the charges. ...

Constitution of India, 1950 - Article 136—Penal Code, 1860 (IPC) - Section 302—State of Haryana appealed against the acquittal of accused individuals in a case involving a Section 302 IPC offense (murder of Bhana Ram)—The prosecution relied on the testimonies of two witnesses, PW-8 and PW-10—The trial court convicted one accused based on the recovery of a weapon with bloodstains—The High Court, upon reevaluation, found doubts about the witnesses' presence and acquitted all accused—The Supreme Court upheld the High Court's decision to acquit the accused, and the state's appeals were dismissed.  ...

IPC, 1860, Secs. 498-A, 304-B, 34 and Dowry Prohibition Act, Sec. 4 — Offences under — Bail in — Consideration for — It is well settled that till the time a person is not found guilty, one is deemed to be innocent — Object of the bail is to secure the attendance of the accused in the trial — The proper test to be applied, in the solution of the question whether bail should be granted or refused, is whether it is probable that the party will appear to take his trial — Otherwise, bail is not to be withheld as a punishment —  Otherwise also, normal rule is of bail and not jail — Court has to keep in mind nature of accusations, nature of evidence in support thereof, severityof the punishment which conviction would entail, character of the accused, circumstances which are peculiar to...

Penal Code, 1860 (IPC) - Section 302—Appellant was convicted of murder but has been acquitted of the charge—During an altercation, Tularam used a ballam to pierce Bhadri Lodhi's chest, resulting in his death—While there was no intention to murder Bhadri Lodhi, Tularam was aware that his actions could cause a potentially fatal injury—Tularam's conviction under Section 302 of the IPC has been set aside, and he is now convicted under the second part of Section 304, with credit for the time served—Tularam is to be released immediately. ...

Penal Code, 1860 (IPC) - Section 147, Section 148, Section 149, Section 304—Accused were acquitted of charges related to a fatal attack—The State appealed their acquittal to the High Court, which dismissed the appeal without providing a detailed reasoning—The Supreme Court has remitted the case back to the High Court, requesting a fresh consideration and a reasoned judgment, emphasizing that no opinion on the case's merits has been expressed. ...

Penal Code, 1860 (IPC)—Section 114, Section 120—Criminal Procedure Code, 1973 (CrPC)—Section 313, Section 378, Section 386—Appeals stem from a land dispute leading to a fatal assault—The accused were acquitted by the trial court, but the High Court convicted eight of them for causing hurt under Section 326 IPC with 149 IPC and imposed three-year imprisonment—The State appealed against the acquittal under Section 302 IPC—The defense argued against the High Court's interference in the trial court's acquittal and questioned the reliability of the assault victim's testimony—The defense further sought leniency if the High Court's view prevailed—Citing precedents, the defense emphasized the trial court's reasoning and raised concerns about the prosecution's omissions....

Penal Code, 1860 (IPC)—Section 147, Section 148, Section 302, Section 341—In this case, the appellant was convicted for offenses under sections 302, 148, and 341 of the Indian Penal Code, while other accused persons were acquitted—The sole eyewitness, PW 1, was found unreliable due to inconsistencies and lack of corroboration—The witness was involved in a prior kidnapping case, and key individuals mentioned in his statement were not examined—The court noted the absence of a timely police statement and criticized the prosecution's failure to explain these lapses—Finding the evidence insufficient beyond reasonable doubt, the High Court's decision to uphold the appellant's conviction was deemed unjustified—Consequently, the appeal was allowed, and the appellant was acquitted of all charge...

Evidence Act, 1872—Section 24, Section 25,—Trial court based on an extra-judicial confession and supporting evidence—However, the High Court acquitted the accused, citing reasons that the confessions before PW.1 and PW.2 were made to strangers and appeared contradictory—The Supreme Court, in the appeal by the State, held that the High Court's reasoning was flawed, emphasizing that PW.1 was the Sarpanch, and PW.2 and PW.3 were ward members of the village gram panchayat, not strangers—The Court reiterated the admissibility of extra-judicial confessions if made voluntarily—Medical evidence and witness consistency further supported the prosecution—The accused's false plea and the discovery of a blood-stained shirt added to the incriminating evidence—Consequently, the Supreme Court set as...

Penal Code, 1860 (IPC)—Section 109, Section 302, Section 307—Criminal Procedure Code, 1973 (CrPC)—Section 378—Accused Bhanwar Singh and Dharma Ram, along with acquitted accused Vishnu, were tried for the murder of Arjun Singh—The trial court convicted Bhanwar Singh and Dharma Ram, but the High Court overturned the convictions, leading to appeals before the Supreme Court—The prosecution's case revolved around a dispute over the use of shop roofs, culminating in Bhanwar Singh shooting Arjun Singh—The Supreme Court, considering the evidence of eyewitnesses, including the complainant PW1, found inconsistencies and doubted the prosecution's version—The High Court's acquittal was deemed reasonable, as the defense's alternative explanation of accidental firing during a scuffle was p...

Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 302, Section 395, Section 397, Section 452—Offences under various sections of the Indian Penal Code (IPC) and Arms Act, eleven accused were tried for their roles in a violent incident resulting in eight deaths—The trial court convicted five accused, sentencing them to death, while acquitting six. The High Court partly allowed the State's appeal against acquittals, convicting one more person, Satyendra, and confirming the death sentences of the original five—The court noted deficiencies in the investigation, including the failure to seize the bus and properly examine witnesses, but found sufficient evidence to establish the accused's involvement in the killings—However, due to the absence of clear evidence on individual overt acts an...

Penal Code, 1860 (IPC)—Section 300—Evidence Act, 1872—Section 3—Accused of causing the death of Preetam Singh. The prosecution's case relied on witnesses PW-1 and PW-2, who claimed to have witnessed the incident—However, the trial court acquitted all accused, questioning the credibility of the witnesses and citing contradictions in their testimony—The High Court partially allowed the state's appeal, convicting six appellants based on PW-1 and PW-2's evidence—The Supreme Court, upon review, agreed with the trial court, highlighting discrepancies in the witnesses' statements, lack of corroborating evidence, and doubts regarding the place of the incident—The appeal succeeded, and the appellants were acquitted, with the court emphasizing the importance of a careful evaluation of ...

Penal Code, 1860 (IPC)—Section 201, Section 302—Dowry Prohibition Act, 1961—Section 3, Section 4—Petition under Section 482 of the Code of Criminal Procedure seeking to expunge remarks against him in the judgment of a Sessions Judge—The appellant, a judicial officer, had acquitted two accused in a case, and the Sessions Judge in a different case made observations questioning the justification of the acquittal—The High Court declined to interfere, stating that the case did not warrant intervention—The Supreme Court, considering the lack of justification for the strictures and procedural lapses, allowed the appeal and expunged the remarks against the appellant in the Sessions Judge's judgment. ...

Penal Code, 1860 (IPC)—Section 161, Section 201, Section 304B—Dowry Prohibition Act, 1961—Section 2—Acquitted two accused, including the appellant, but convicted the appellant of offenses under Sections 304B and 498A. The High Court upheld the conviction—The prosecution alleged dowry harassment leading to the death of the appellant's wife—However, the court found serious flaws in the prosecution's case, noting discrepancies in witness statements and a lack of evidence supporting the prosecution's claims—The court emphasized the prosecution's failure to establish the date of marriage, a crucial element for invoking the presumption under Section 113B of the Evidence Act—Consequently, the court set aside the conviction, holding that the presumption was wrongly applied, and acqui...

Penal Code, 1860 (IPC)—Section 161—Criminal Procedure Code, 1973 (CrPC)—Section 313—Accused, a public servant, was acquitted of charges related to corruption and illegal gratification—The material on record indicated that the contract offered by the complainant was still under consideration and not finally accepted—The evidence also raised doubts about the accused's presence in his office at the alleged time of the incident—The explanation given by the accused regarding the alleged bribe amount found in his house supported his defense—The High Court concluded that no reasonable person would accept a bribe in the presence of a witness with a grievance against the accused—The prosecution's case was not accepted, and the acquittal order was deemed proper—In a separate matter...

Penal Code, 1860 (IPC)—Section 302, Section 34—Appellants, accused of participating in a crowd that pursued the deceased, were acquitted as their specific roles in causing harm were not proven—The allegation was that they inflicted blows with lathis, but the post-mortem report revealed injuries inconsistent with lathi blows—The witnesses' statements merely placed the appellants in the crowd, which, being a political gathering, did not necessarily imply a shared common intention to cause death—The absence of injuries attributable to lathi blows created a reasonable doubt about the appellants' involvement in the murder—Section 34 (common intention) and Section 300 (murder) of the IPC were considered, emphasizing that a specific role must be proved—As such, the appellants were acquitted due t...

Penal Code, 1860 (IPC)—Section 109, Section 10B(1), Section 120—Accused were initially acquitted by the Sessions Judge, who found the circumstantial evidence insufficient—The High Court, however, reversed the acquittal, relying on identification evidence and other circumstances—The Supreme Court critically examined the evidence, finding serious flaws in witness testimonies and identification procedures—The Court emphasized the unreliability of witnesses and the absence of a cogent conspiracy case against Sadanandan—Notably, the Court rejected reliance on the dying declaration, handwriting analysis, and inconsistent identifications—Concluding that the prosecution failed to prove the charges beyond a reasonable doubt, the Supreme Court set aside the High Court's verdict, reaffirming the acquitta...

Penal Code, 1860 (IPC)—Section 409—Government servant acquitted of charges under IPC Section 409 seeks reinstatement with full consequential benefits—Court holds that reinstatement doesn't automatically warrant full benefits, considering the purpose of prosecution is to maintain integrity in public service—While acquittal signals innocence, it doesn't absolve the underlying misconduct—Discretion lies with disciplinary authority to determine benefits, including treating suspension as non-duty period—Rules provide for such discretion—Hence, appellant not entitled to full back wages or increments post-acquittal—Tribunal's decision upheld as no error found—Consequently, appellant denied additional benefits post-reinstatement. ...

Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 162—Acquitted of charges by the Trial Court, was convicted under Section 302 of the Indian Penal Code by the High Court on appeal by the State—The incident involved the appellant allegedly shooting and killing a Head Constable during a scuffle—Despite the Trial Court's acquittal based on questionable grounds, the High Court, after thorough analysis, concluded that the appellant's guilt was proven beyond reasonable doubt—The High Court found the prosecution witness credible, supported by medical evidence and forensic analysis, while discrediting the Trial Court's reasoning—The Supreme Court upheld the High Court's decision, finding no merit in the appellant's contentions—Consequently, the appeal was dismissed, and the app...