(A) Indian Penal Code, 1860—Sections 304B and 498A—Code of Criminal Procedure, 1973—Section 374(2)—Appeal against conviction—Cruelty—Dowry death—Cruelty under Section 498A IPC, where both the husband and mother-in-law were convicted, the imposition of a fine alone cannot substitute for imprisonment, as both penalties are mandatory under the provision—Courts must consider the possibility of granting probation under Section 360 of the CrPC or Section 4 of the Probation of Offenders Act, 1958, particularly when the statutory conditions for such relief are met—This approach ensures that the punishment aligns with the law’s objectives while also allowing for rehabilitative measures where appropriate. (Paras 9, 28, 29, 31) (B) Criminal Procedure Code, 1973&m...

(A) Indian Penal Code, 1860—Sections 148 and 302—Appeal against conviction for murder—The appellant was acquitted of the charge under Section 148 IPC but convicted under Section 302 IPC for the murder of a constable, sentenced to life imprisonment and a fine—The constable was killed while attempting to stop illegal sand transportation—The evidence against the appellant was circumstantial, and key witnesses were disbelieved by the High Court—The prosecution failed to establish a complete chain of evidence linking the appellant to the crime, casting doubt on the conviction. (Paras 4, 17, 24) (B) Circumstantial Evidence—Principles—The chain of events must be so complete that it leads to only one conclusion: the guilt of the accused—Any doubt that remains must benefit the accused, ...

Narcotic Drugs And Psychotropic Substances Act, 1985—Section 20(c), 22, 23, 24, 28 and 42—Appeal against conviction—Statutory compliance of Section 42—Non-compliance with Section 42 impermissible but may be excused with satisfactory explanation—There is no record of proper preservation of samples and leftover narcotics in the Malkhana—The seized samples were sent to the Forensic Science Laboratory after an unexplained delay of over 100 days—Forensic report unreliable due to non-adherence to procedure and delay—Consequently, the conviction and sentence are set aside, and the appellants are acquitted—Appeal is allowed. दोषसिद्धि के विरुद्ध अपील—धारा 42 का अनुपालन—धारा 42 क�...

Penal Code, 1860—Section 323, 147 and 149—Appeal against conviction—Injuries to accused(s)—Non-explanation of—Effect of—Where the prosecution fails to explain injuries sustained by the accused in the same incident, and where the prosecution's case relies on interested or inimical witnesses, the benefit of doubt arises in favor of the accused—The omission, coupled with potential bias in witness testimony, tilts the balance of probability in favor of the accused—This concealment of facts raises a benefit of doubt in favor of the accused, leading to their acquittal—Further held, that in case of proven previous animosity, a possibility of false implication cannot be ruled out—Thus, with reasonable doubt established, the accused are entitled to acquittal— Consequently, the c...

Appeal against conviction — Negotiable Instruments Act, 1881, Section 138 — Criminal Procedure Code,1973, Sections 391 and 482 — Additional Evidence during Appeal against conviction filed by Accused — Sessions court dismissed the Application which is impugned in Inherent jurisdiction application — signature on cheques are not disputed — no proper defence is raised or no any rebuttable evidence being produced on record — Additional evidence sought to be produced is from a Civil case, which is not appreciated by that Civil Court — Perusing the record it appears that application under Section 391 of the CrPC were filed with a view to protract the litigation with ulterior motive. (Paras 8.1, 14) Result:— Present petitions being devoid of any merit, are dismissed. ...

Penal Code—Sections 201 and 302—Murder—Appeal against conviction—Conviction for murder and related charges—The prosecution alleged that Suresh, along with another person, had threatened the deceased, Basant, prior to his murder—However, the court found discrepancies in the evidence—There was no direct evidence linking Suresh to the crime, and the circumstantial evidence presented was deemed insufficient to establish guilt beyond a reasonable doubt—The prosecution failed to prove key elements, such as the matching of bloodstains found on Suresh's clothing with the victim's blood group and the credibility of witnesses regarding the recovery of the murder weapon—Consequently, the court allowed the appeal, setting aside Suresh Dandsena's conviction and sentence—As Suresh ...

(A) Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 6 Penal Code, 1860 (IPC), Sections 376(2)(i) and 323, 376, 323, 506—Criminal Procedure Code, 1973 (CrPC), Sections 164, 313—Appeal against conviction—Sentence—Delay FIR—Appellant was sentenced to 14 years of rigorous imprisonment on charges—Incident occurred in 2014, and the appellant raised concerns about the delay in filing the FIR—The victim alleged sexual assault and threat by the appellant, with her family discovering the incident through her sister—Prosecution presented various witnesses, including the victim, family members, and medical evidence—Defense denied the allegations, citing inconsistencies and the FIR delay. (B) Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 6 Penal Co...

Criminal Procedure Code, 1973 (CrPC) Section 397, 401—Negotiable Instruments Act. Section 138, 147—Appeal against conviction—Sentence—Dishonored cheques—Compound offence—During the appeal, the parties reached a settlement, and the complainant had no objection to quashing the conviction—Court accepted the compromise and quashed the conviction. ...

Indian Penal Code (IPC), Section 304-A and 279—Motor Vehicles Act, 1988, Section 185—Criminal appeal against conviction and sentencing of the appellant-accused for offenses—The accused was involved in a road traffic accident resulting in the death of a person named Lokesh. The key points in the judgment are as follows: The incident occurred in 2010 when the appellant was driving a car under the influence of alcohol and collided with a pedestrian named M— Lokesh, causing grievous injuries. Lokesh was admitted to multiple hospitals for treatment and eventually died due to the injuries sustained in the accident. The appellant was charged with offenses related to rash and negligent driving and exceeding the permissible alcohol limit while driving. The appellant challenged the ju...

Appeal against conviction—Indian Penal Code, 1860—Section 302 read with Section 34—Murder—Conviction and sentence—Affirmed by High Court—Appeal against—Determination of—Present case is a case based on circumstantial evidence—Serious doubt with regard to credibility of witnesses—On issue of extra judicial confession and last seen theory—Failure to examine Ballistic Expert would, be a glaring defect in prosecution case—Supreme Court was of the considered view that prosecution has failed to prove case beyond reasonable doubt—Accused are entitled to benefit of doubt—Impugned judgments and orders quashed and set aside—Appeals allowed. (Paras 25 and 26) ...

(A) Acquittal—Indian Penal Code, 1860—Section 302—Murder—Conviction and sentence—Upheld by High Court—Appeal against—Determination of—Post-mortem was conducted on next day as corpse was received in mortuary late in evening—Reason of receiving dead body late in evening itself indicates that incident must have taken place in afternoon and not in morning—Deposition of PW1 reveals that he was at a distance of 20 steps from his father—But even then he could not rush to save his father from assault and could not even caught hold any of the accused appellants who conveniently escaped through jungle—Unnatural behaviour and conduct of son—Presence of accused appellants at place of incident is also not well established—Impugned judgment and orders are set aside&mdas...

Death sentence—Indian Penal Code, 1860—Sections 376, 377, 302 and 201—Rape and murder Age of girl six years—Trial Court vide judgment rendered in Sessions case convicted the accused in connection with all offences—Imposed capital punishment and sentence of imprisonment for other offences—Death sentence affirmed by High Court—Appeal against—Determination of—Charges, although serious and grievous in nature, cannot be said to have been met against present appellant—Factum of commission of crime six years old innocent child is not in dispute—Circumstances forming chain of commission of this crime cannot and do not point conclusively to appellant in a manner that he may be punished for same much less, with sentence of being put to death—Impugned judgments are quashed and s...

Indian Penal code—Sections 307, 149—Accused of Attempt to murder—Appeal against conviction—Role of accused—Commutation Of Sentence—In Trial Court, appellant and co accused both were convicted—High Court upheld conviction—Record also discloses that the role of the accused was not as prominent as that of Co accused—Only co accused had given the blows to the victim—Incident occurred nearly 30 years ago, this Court is of the opinion that the sentence imposed would operate harshly since the appellant has already undergone one year of imprisonment—Held, Sentence is hereby reduced to the period already undergone by the accused—Appellant set at liberty....

Code of Criminal Procedure—Section 313—Indian Penal Code—Sections 302, 120B, 307—Appeal against conviction—Involvement of accused—Lacuna in accused statement—Trial Court convicted accused—The High Court confirmed the conviction of the appellant for standing outside the victim's house with a katta in his hand. None of the prosecution witnesses made statement against him, except PW5—The appellant's statement under S.313 of CrPC has not included any alleged incriminating circumstances against him. The appellant's conviction was based on serious prejudice, and his impugned judgment and sentence was set aside, setting him free. (Para : 2, 7, 10, 11, 16, 18-23) ...

A) Indian Penal Code—Section 302—Indian Evidence Act—Section 106—Appeal against conviction—Last seen theory—Trial Court convicted appellant—High Court confirmed the death penalty and life imprisonment imposed upon the appellants—PW5 in his statement confirmed that deceased persons left with accused persons—Testimony of PW5 is not shaken in the cross-examination—Other witnesses also confirmed the last seen theory—Prosecution has established that accused persons and deceased persons left together—Accused failed to discharge the burden imposed on them in view of S.106 IEA—Held, no interference would be warranted with the concurrent findings that accused persons are guilty of offence punishable under S.302 IPC. B) Indian Penal Code—Section 302, 54—Cri...

—Appeal against conviction—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 21(c), 27A, 28, 29, 53A, 67—Indian Evidence Act, 1872—Section 25—Appeal against conviction—Confessional statement—Trial Court convicted appellant—High Court confirmed conviction but reduced sentence—According to the prosecution’s case, all the accused made confessional statements under S.67 of the NDPS Act—In view of the bar of S.25 of the Evidence Act, the confessional statements will have to be kept out of consideration—There is no explanation offered by the prosecution about their failure to examine these two independent material witnesses—Act of PW 2 of drawing samples from all the packets at the time of seizure is not in conformity with law—This create...

Appeal against conviction—Indian Penal Code, 1860—Section 302 read with Section 201—Murder—conviction and sentence—Confirmed by High Court—Appeal against—Determination of—Prosecution has been successful in proving that engine and gear box which were sold by appellant-accused No. 1 was recovered from PW17—Engine and gear box of stolen car were found from custody of PW17—On disclosure statement made by A1—On the basis of strong circumstances when trial Court as well as High Court has convicted the accused-appellant—No reason to interfere with same in exercise of powers under Article 136 of Constitution of India—Facts and circumstances, Supreme Court was more than satisfied that High Court has not committed any error in dismissing the appeal and confirming judgment...

Protection of Women from Domestic Violence Act, 2005—Section 12 and 23—Partnership deed and Income tax return of husband—Seeking by wife—Dismissal of application by trial court—Affirmed in appeal—Hence, present petition—The income affidavit of husband was still incomplete and thus, the wife filed a list of missing documents to which the husband gave an undertaking that after going through the said list, he will file the relevant documents, however, he failed to file the same—The learned magistrate held that the arguments on interim maintenance can be heard on the basis of material on record and adverse inference against husband could be drawn at the time of passing the order—Needless to note that in case the petitioner makes out a case of concealment, besides drawing adverse influence,...

Code of Criminal Procedure, 1973—Section 125—Hindu Marriage Act, 1955—Sections 5 (i) and 11—Code of Civil Procedure, 1908—Order XVIII Rule 4—Contract Act, 1872—Section 23—Civil suit—Filed by plaintiff before trial Court—For declaration of agreement to be null and void—Defendant filed cross-objection—It was pleaded by her that virtually plaintiff performed a marriage with her—He executed agreement in this regard—Trial Court dismissed the suit—Partly allowed cross-objection—Granted Rs. 2,000/- per month as maintenance—Both parties preferred their appeals—First Appellate Court allowed the appeal of plaintiff and dismissed the appeal of defendant—Validity of—Second appeal—Determination of—High Court find that Fir...

(A) Indian Penal Code, 1860—Section 498-A and 302—Cruelty and murder—Appeal against conviction—Determination of—Evidence on record—Guilt of accused—Proof of—Appellant was married with deceased—Physical and mental torture by appellant—Deceased made dying declarations before witnesses as well as doctor implicating appellant who set her on fire—Appellant filed away after incident and took shelter another Village—Tried to hide himself in forest wherefrom he was arrested—Chain of circumstances against appellant is conclusive nature—There is complete chain of circumstances which shows that in all human probabilities, the offence has been committed by appellant—High Court concur with trial Court—No interference warranted—Appeal dismissed. (Paras...

Penal Code, 1860—Section 302 r/w—Appeal against conviction—Circumstantial evidence—None of the prosecution witnesses stated to have witnessed any specific overt act committed by the accused —Seizure list raised suspicion since the same was signed by the witnesses not at the time of the seizure but afterwards at different place—None of the inmates of the accused's house or from the locality was made the seizure list witnesses or was interrogated—The seizure list marked did not bear the signature of any of the inmates or local people in the neighborhood—The offending weapon was not recovered from the possession of the accused—The butt of the offending weapon could not be traced to obtain the fingerprints thereon in order to connect to the indictment—The prosecution failed to ex...

Penal Code, 1860— Section 376 (2) (N) (i)—POCSO Act, 2012—Section 3, 4 and 5, 6—Criminal Procedure Code, 1973—Section 374(2)—Rape—Appeal against conviction—The Prosecution case is mainly based on the statements of the prosecutrix—The prosecutrix deposed that she was below 18 years of age—There is is nothing on record to corroborate the date of birth of the prosecutrix recorded in the School Register—  Admittedly, the accused's house is situated in front of prosecutrix's house and in between their houses, there is a public road—If someone screamed loudly in the accused's house, it will be heard from outside—  The prosecutrix neither in her FIR nor in her statement recorded during trial has stated committal of rape upon her thrice—The p...

Penal Code, 1860— Section 302 r/w 34— Murder —  Appeal against conviction — The trial court had heavily relied upon the testimony of this witness of last seen — The "last seen theory" holds the courts to shift the burden of proof to the accused — But, it is not prudent to base the conviction solely on "last seen theory" —  We don't agree with the trial court that the motive to commit the crime because of a civil litigation pending between the accused with the deceased — It is the duty of the prosecution to prove the evidence of last seen beyond all reasonable doubt — Mere narration of motive in a case of circumstantial evidence without bringing anything further to prove the same cannot be taken as a circumstance to establish the case of the prosecution...

(A) Penal Code, 1860—Section 302 r/w Section 201—Murder of wife—FIR registered u/s 498-A, 304-B and 201—Conviction under alternative charge u/s 302—Appeal against—No eye witness—Contradiction in the time of death of deceased in FIR and post-mortem report—If the plea of last seen was to be accepted, yet the delay of 3-4 days was material and an alternative hypothesis as being the cause of death during this period could not have been ruled out—No evidence either of last seen or to connect the missing dots so as to rule out any alternative hypothesis—The prosecution has miserably failed to prove the alleged offence—The order of conviction is hereby set aside—The appeal succeeds and is allowed. (Para 15, 19, 23, 29, 30) (B) Criminal Trial—Evidence—Circumsta...

Indian Penal Code, 1860—Sections 302, 498-A, 304-B and 306—Murder by strangulation—FIR—Circumstantial evidence—Conviction and sentence—Appeal against conviction—Legality of—Evidence of autopsy surgeon PW6 and injury marks explained in detailed as appearing on neck of deceased 'R' leave no doubt in mind and strengthens the conclusion against accused—Theory of motive which emanates from conduct of accused and alluded to provides a strong reason to satisfy judicial mind about culpability of accused in such a case based on circumstantial evidence—Motive established—High Court hold that findings and conclusions recorded by trial Court are based on sound and proper reasoning and order and sentence of conviction deserves to be upheld—Appeal dismissed. (Paras 12 to 16...

Penal Code, 1860—Section 302 read with Section 109 and 34—Murder—Circumstantial evidence—Appeal against conviction—Troubled marriage—The deceased being compelled to live away from her matrimonial home with her children and succeeding in getting a judicial order of monthly maintenance—The deceased was murdered and her brother was grievously injured by two of the accused—The involvement of both of the accused in the plan is also proved—The Court is satisfied therefore an important link in the chain of circumstances viz., the motive for commission of the crime stands proved—The forensic evidence, which showed that the blood on the wearing apparels of the accused matched the blood group of deceased—No explanation to be offered by the accused for this—The forensic evidence...

(A) Dowry death—Indian Penal Code, 1860—Sections 498-A and 302—Appeal against conviction—Legality of—Burn injuries—Deceased died—FIR lodge—Deceased, in Dying Declaration, has categorically stated that when she went into bathroom, her husband followed her and poured kerosene on her body and lit fire due to which she sustained injuries—In the present case, Dying Declaration is the sole basis for convicting appellant/accused—Deceased was in a fit state of mind—Certified by Doctor—Trial Court was justified in convicting the appellant/accused—High Court does not find any reason to set aside the judgment of conviction—Appeal dismissed.  (Paras 6, 17, 18 and 19) (B) Dying declaration—Dying declaration can form basis of conviction—It inspires c...

Hindu Marriage Act, 1955—Section 13(B) (2)—Constitution of India, 1950—Articles 14, 226 and 227—Waive cooling period of 6 months—Prayer to—Application for—Dismissed by Family Court—Order challenged—Determination of—Admittedly marriage of petitioners was solemnized on 8.12.2020 and they hardly lived for 12 days and separated on 20.12.2020—Shree they have no marital relation—Judge has also rightly considered the observations made by Apex Court in case of Amit Kumar v. Suman Beniwal, 2021 SCC Online 1270 by observing that said judgment is not helpful to petitioners—High Court is in complete agreement with the findings recorded by Family Court—No need to interfere—Petition dismissed in limine. (Paras 8 and 9) ...

Hindu Marriage Act, 1955—Section 13-B—Family Court Act, 1984—Section 19—Appeal against rejection of exemption of 6 month time—Provided under Section 13-B of H.M. Act—Family Court rejected the application of parties—Determination of—It is an admitted position that since last 2 years, the parties to the case are living separately—Parties are in agreement and a consensus has been drawn on terms and conditions to dissolve their marriage mutually—Family court is lying vacant due to absence of Presiding Officer—Present appeal asking for setting aside and quashing of impugned order for grant of date for consideration the application for exemption of time under Section 13-B of H.M. Act is allowed. (Paras 11 and 13)...

(A) Dowry Prohibition Act, 1961—Sections 3 and 4—Indian Penal Code, 1860—Sections 498-A, 304-B, 201 and 302—Evidence Act, 1872—Sections 113-B and 106—Appeal against conviction and sentence—Legality of—Additional dowry—Demand of—Non-fulfilment of—Murder—FIR registered—After four days—Investigation—Charge-sheet submitted against offenders—Analysis of evidence—PW1, PW2, PW3 and PW4 who are witnesses of fact—All these four witnesses have not ultera a single word regarding factum that before death of deceased—When she was subjected to cruelty or harassment regarding demand of additional dowry—There is no such evidence on record that dead body of deceased was concealed and buried under earth by any appellant—Prosecution ...

Family Court’s Act, 1984—Section 19(1)—Hindu Marriage Act, 1955—Sections 9 and 23-A—Appeal under—Against judgment and order passed by Family Court—By which petition filed by appellant-wife under Section 9 of H.M. Act is dismissed—Counter-claim for divorce filed by respondent-husband under Section 23-A of H.M. Act is allowed dissolving the marriage of appellant and respondent—Legality and Validity of—Family Court has dissolved marriage—On ground of purported admission of suicide attempt made by appellant—Allegation of respondent regarding appellant having had extramarital relationship with one ‘S’—Held that appellant-wife and respondent-husband have lived and have given birth to two children—These undisputed facts suggest that so called attempt ...

(A) Penal Code, 1860, Section 498-A and 304-B—Criminal Procedure Code, 1973, Section 374—Dowry Prohibition Act, 1961, Sections 3 and 4—Appeal against conviction—Dowry death—The allegation of cruelty and unnatural death of the deceased was made by the defacto complainant only after the death of the deceased—No allegations stated of demand of dowry in FIR—No evidence that prior to the death of deceased the relatives and others try to settle the alleged dispute between the parties —It is evident that deceased was ill tempered—The prosecution failed to prove the cause of death of the deceased—The impugned judgment and order of conviction and sentence is liable to be set aside—The instant appeal is allowed.     (Para 23, 27 to 30)  (B) Dowry Proh...

Penal Code, 1860, Section 302-Murder of wife—Appeal against conviction—Circumstantial evidence—Burn injuries—Except official witnesses, all other witnesses have been declared hostile—None of the circumstances relied upon by the learned Sessions court can be said to be incriminating to connect the appellant with the commission of the crime—Prosecution must establish its case beyond all reasonable doubt unless the law provides exceptions to the same—The conviction and sentence records by the Session Court are hereby set aside—Appeal is allowed. (Paras 5 to 7)...

Negotiable Instruments Act, 1881, Section 138 and 148—Cheque dishonour—Conviction—Appeal against—Direction by appellate court to deposit 25% of compensation amount—Challenged—The suspension of sentence stands vacated by appellate court due to non-compliance to deposit of compensation amount—The order of appellate court is modified—The petitioner shall deposit 20% of the compensation amount as awarded by the learned trial Court—With the aforesaid modification, the CRLMA application is disposed of. (Para 8 and 10) ...

— Penal Code, 1860, Ss. 376 and 25—  Rape Appeal against conviction —The consensual relationship is admitted — The testimony of the victim that she was voluntarily in physical relation with the appellant — The term "fraudulently" has been defined in Section 25, IPC, as a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise—  No evidence that the appellant was in physical relation with the victim with intent to defraud her —  No case of fraudulent act because the dishonest and fraudulent intention must be at the inception of entering into the relationship Further, the prosecution failed to prove that the victim was below 16 years of age Pratim was — The Apex Court set aside the conviction in Rajak Moha...

Penal Code, 1860, Sections 302 r/w 34—Criminal Procedure Code,1973, Section 313—Evidence Act,1872, Sections 106 and 134—Murder of wife—Appeal against conviction—The most important aspect is where the death was caused and the body was found—The death to by asphyxia due to strangulation—No possibility of somebody from outside coming and strangulating the deceased and that too without any commotion being caused or any valuable/jewellery missing.—No explanation has been given as to how the wife could have received the injuries—This is a strong circumstance indicating that he is responsible for commission of the crime—Appellant herein was under an obligation to give a plausible explanation regarding the cause of the death in the statement recorded under Section 313 of the Cr.P.C. and ...

Negotiable Instruments Act, 1881, Section 138—Cheque dishonour—Revision against the conviction order—The accused has issued the cheque to the complainant—However, in cross-examination, the defence version was denied by the complainant and stated that the accused had borrowed some amount—There existed an antecedent transaction between the parties—The law does not prohibit different money transactions between the same parties during a particular period—The accused has no case that the alleged unfilled cheque for security had been lost irrecoverably or stolen—The accused failed to prove in the trial by leading cogent evidence that there was no debt or liability—No interference warranted in the impugned order—The sentence is liable to be modified. (Paras 8, 9, 13) ...

Negotiable Instruments Act, 1881, Section 138—Indian Limitation Act, 1963, Section 5—Dishonour of cheque—Appeal against conviction —Application for condonation of delay—Rejected by appellate court— Hence, present revision—The complainant filed an appeal under proviso to Section 372 of Cr.P.C. for enhancement of sentence—It is clear that the accused was aware about the appeal filed by the complainant, still, chosen not to challenge the judgment of conviction —In order to ensure that fair opportunity, delay condoned—The Session Judge's Court is requested to dispose of the appeal at the earliest.       (Paras 15 to 17) ...

Negotiable Instruments Act, 1881, Section 138—Criminal Procedure Code, 1973, Sections 401 and 397—Appeal against conviction was dismissed by appellate court in default—Revision against—Held, an appeal against an order of conviction cannot be dismissed in default and it must be taken up and decided on merits even if the appellant in-person or the Counsel representing him, is not present—Impugned order is set aside—Appeal is restored to its file—The Criminal Revision Case is allowed at the admission stage. (Paras 6 and 8) [K.S.Panduranga v/s State of Karnataka, (2013) 3 SCC 721 — followed] ...

Negotiable Instruments Act, 1881, Section 138—Income Tax Act, 1961, Section 269—Dishonour of cheque—Appeal against conviction—Plea of violation of the provisions of Section 269 SS of the I.T.Act, 1961 which prohibits grant of any loan or advance over a sum of Rs.20,000/- in cash—Held, the violation of I.T. Act cannot by itself render the criminal prosecution for cheque bounce against a person who has issued a cheque in lieu of the cash loan taken—Such contention is unmerited—If any person violating the same would attract imposition of penalties under the I.T. Act—Accused had clearly admitted to receiving the loan—Itcould not be held that the petitioner had rebutted the presumption that the cheque had been issued in discharge of an enforceable debt—Petition is unmerited and is, ac...

(A) Negotiable Instruments Act, 1881, Section 138—Criminal Procedure Code, 1973, Sections 397 and 401—Dishonour of cheque—Loan transaction—Appeal against conviction—There is primarily the evidence of the complainant to explain the circumstances under which he came into possession of the cheque—The accused has no reasonable and probable explanation as to how the cheque travelled from her possession to that of the complainant—The complainant is not required to prove the debt as if in a civil case—No contra evidence adduced by the accused—In order to prove his financial capacity, the complainant produced his bank passbook—Resultantly, conviction affirmed—Revision is allowed.  (Para 11 to 14) [Uttam Ram v/s Devinder Singh Hudan, 2020 (1) DCLJ 36 &nda...

Negotiable Instruments Act, 1881, Section 138—Dishonour of cheque—Appeal against conviction—Dismissal on the ground of non-payment of fine—the Appellate Court could have dismissed the appeal in default once the appeal is admitted—Apex Court in, Vijay D. Salvi v/s State of Maharashtra, (2007) 5 SCC 741, held that the criminal appeal cannot be dismissed for non-payment of fine, it will have to be disposed of on merits—The appeal is dismissed in default, was not a legal order. It deserves to be set aside and the appeal deserves to be restored for its decision as per the law.(Para 7) ...

(A) Negotiable Instruments Act,1881, Section 138—Code of Criminal Procedure, 1973, Section 389—Dishonour of cheque— Suspension of sentence—Appeal against conviction in Sessions court— Sessions Court passed the order to furnish 30% of the fine awarded by the trial court—Revision against—Applicability of the provision u/s 148 of the N.I. Act is mandatory—Deposit of fine not less than 20% is condition precedent for admission of appeal—The provision under Section 357 (2) Cr.P.C. are not made applicable during admissibility and pendency of appeal—Revision filed by the revisionist is devoid of merit and is liable to be dismissed.(Para 23, 24) (B) Negotiable Instruments Act,(Amendment Act, 2018),1881— Code of Criminal Procedure, 1973, Section 421—Interim compensati...

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(i)(x)—Appeal against conviction and sentence—The appellants argued that the allegations were unnatural and likely driven by vengeance. The Supreme Court set aside the High Court's judgment and remanded the case for a fresh consideration, urging a detailed evaluation of the evidence and the Panchayat register photocopy. ...

Penal Code, 1860, specifically Sections 302/34 concerning the murder of two individuals, an appeal against conviction was considered. It's important to note that the mere fact that the incident occurred near the appellants' house does not automatically make the complainant party the aggressors—To determine the aggressors, a thorough examination of the entire incident in its proper context is essential—The injuries sustained by the appellants were of a minor nature, and as such, the prosecution was not obligated to explain these injuries. The responses obtained from doctors suggested that the injuries observed on the accused could have been self-inflicted—Consequently, the conviction and sentence were upheld—Regarding the burden of proof under the Evidence Act, 1872, Section 101, it cannot be presumed as a b...

Penal Code, 1860—Sections 302/149—Explosive Substances Act, 1908—Sections 3 and 4—Arms Act, 1959—Section 27—Murder—Appeal against conviction—Appeals were filed against a High Court judgment confirming the convictions of the appellants for murder and other offenses. The case involved a bomb explosion resulting in a death—The Supreme Court upheld the High Court's decision, citing the reliability of eyewitness testimony and finding that the accused were part of an unlawful assembly with a common object to assault the deceased. ...

Penal Code, 1860 (IPC)—Section 395—Four accused persons, convicted for dacoity and sentenced to five years' rigorous imprisonment, appeal against the High Court's decision—The High Court acquitted five, considering their age, and released two on time served—The remaining appellants, aged 58 to 78, argue for leniency, highlighting the modest loot value and their advanced age—The Supreme Court reduces the sentence to three years, considering the 28-year elapsed since the offence, no personal injury inflicted by the appellants, and the original firearm handler's non-appeal—The appeal is dismissed, and appellants directed to surrender within two weeks. ...

Criminal Procedure Code, 1973 (CrPC)—Section 313, Section 438—Appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for possessing 61 Kgs—of poppy husk without a permit or license—The conviction was based on the appellant being found sitting on two bags containing the contraband—The appellant challenged the conviction, arguing that no case was made out, citing bias and lack of independent witnesses—The court rejected these arguments, finding evidence of conscious possession—It noted the absence of suggestions during cross-examination and held there was no violation of the NDPS Act's procedural provisions—The appeal was dismissed, affirming the conviction and sentence. ...

Criminal Procedure Code, 1973 (CrPC)—Section 313—Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 302, Section 307, Section 323, Section 324—Appellants challenged their conviction in a criminal case arising from an incident on August 22, 1984, in the outskirts of village Junedpur, leading to the death of Phool Chand Tiwari—The appellants were convicted under various sections of the Indian Penal Code—The High Court, upholding the trial court's decision, affirmed the convictions—The incident involved a clash between the complainant party and the accused, armed with lathis and a ballam, over watering an agricultural field—Phool Chand Tiwari sustained fatal injuries—The appellants argued contradictions in statements and lack of intent to cause death—The court...

Penal Code, 1860 (IPC)—Section 201—Appellants were convicted under Section 201 of the Indian Penal Code and sentenced to three years of rigorous imprisonment—The High Court upheld the conviction and sentence—The present appeal, focused on the question of sentence, sought a reduction as the appellants had spent about eight months in custody—The Supreme Court, considering the circumstances, allowed the appeal in part—While upholding the conviction, the sentence of imprisonment was reduced to the period already undergone—The appellants, currently on bail, were discharged from the liability of bail bonds. ...

Penal Code, 1860 (IPC)—Section 302, Section 34—"Appeal against conviction u/s 302 IPC—Appellant convicted for murder of deceased—Prosecution's reliance on circumstantial evidence—PW1's claim of being an eyewitness not accepted—Motive established—Last seen together evidence—Independent witness testimony—Medical evidence supporting prosecution's case—No explanation for deceased found in appellant's house—Liquor bottles seized—Trial Court and High Court's concurrent findings—Conviction upheld—No illegality in the judgment—Trial Court's remarks against PW1 ordered to be deleted." ...

Criminal Procedure Code, 1973—Sections 366 and 374—Appeal against conviction—or death reference necessitates the High Court to meticulously assess trial evidence, demonstrating errors in the trial court's witness acceptability determination. The High Court's failure to conduct such analysis and the mere acquittal of a co-accused aren't sufficient grounds to dismiss the prosecution's version entirely. Reversing conviction without proper scrutiny is deemed inappropriate; thus, the matter is remitted for renewed consideration. ...

Evidence Act, 1872 - Section 103, Section 114—Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section —Appeal against Conviction — Failure to Examine Key Witnesses — Doubts on Seizure and Identification — Benefit of Doubt Granted—The appeal challenges a conviction under the NDPS Act, where crucial witnesses were not examined, and doubts arose regarding the seizure and identification process—The court emphasizes strict compliance with procedural safeguards, raises concerns about the absence of key witnesses, and grants the appellant the benefit of doubt, leading to acquittal. ...

Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 302—Appeal against conviction—That the reconstructed records in a criminal case were reliable and properly reconstructed by the trial court—The High Court's refusal to consider the merits and acquitting the appellants based on doubts about the reconstructed records was deemed erroneous—Emphasizing the presumption of innocence, the Court reinstated the appeals, directing the High Court to adjudicate on the merits using the reconstructed records—The Court underscored the importance of prudently addressing doubts based on evidence rather than conjecture, ensuring the administration of justice—The High Court was instructed to examine the reconstructed records thoroughly while considering any inconsistencies with the trial court&...

Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302—Conviction based on eyewitness testimony—The prosecution alleged that the appellants, armed and in an unlawful assembly, fatally shot the deceased during cultivation work—Despite arguments about the reliability of the eyewitnesses due to enmity and alleged police involvement, both trial and appellate courts upheld the conviction—The Supreme Court, upon scrutiny, found no intrinsic inconsistencies in the eyewitness accounts and affirmed the lower courts' reliance on them—The absence of police testimony and certain forensic details didn't diminish the prosecution's case—Consequently, the appeals were dismissed, affirming the conviction based on credible eyewitness testimony. ...

Penal Code, 1860 (IPC)—Section 302—Evidence Act, 1872—Section 27—Conviction and sentence—Eyewitness testimony and medical evidence—Allegation of knife injury inflicted by accused—Lack of conclusive evidence—Eyewitnesses declared hostile, inconsistent statements—Failure to establish beyond reasonable doubt—Appellant acquitted—Eyewitness testimony and medical evidence not conclusive—Conviction and sentence set aside—Lack of conclusive evidence renders conviction unsustainable—Appellant acquitted and to be released forthwith. ...

Penal Code, 1860 (IPC)—Section 100, Section 300, Section 302, Section 326, Section 34—Jangeer Singh and Harbans Singh appealed against their convictions under Sections 326 and 302 respectively of the Indian Penal Code by the Rajasthan High Court—The prosecution alleged that the appellants fatally attacked Jeet Singh—Despite the Sessions Judge's acquittal, the High Court found discrepancies in the Judge's reasoning and accepted the prosecution's case—The High Court refuted the defence's claims of provocation and self-defence, concluding that the appellants' actions did not align with reasonable conduct—Applying the principle that an accused's reasonable explanation should be accepted unless proven false, the Court determined that the appellants' defence was implausible—T...

Criminal Procedure Code, 1973 (CrPC)—Section 421—Penal Code, 1860 (IPC) - Section 299, Section 302, Section 324, Section 34—Bombay High Court upheld their life imprisonment sentences—The appellants, along with others, were tried for various offenses including murder—While one appellant's conviction was upheld, the other appellant's conviction was modified based on the evidence of instigation—The deceased's dying declaration and eyewitness testimonies formed the basis of conviction—The court found one appellant guilty of murder and the other of abetment to voluntarily causing hurt under Sections 324 and 110 of the IPC—The court imposed appropriate sentences, considering the circumstances and the nature of involvement of each appellant—The appeal of one appellant was dis...

Criminal Procedure Code, 1973 (CrPC)—Section 107—Acquittals for five accused, convicting them under Sections 304/149, 148, and 147 IPC—Appellants Naunidh and Mahindra Pal received eight years' rigorous imprisonment, while others received six years—The assault involved Kantas and spears, causing 25 injuries to the deceased and eight to his brother, PW 1 Pooran—The High Court's conviction was based on the testimony of PWs 1 and 2, contrary to the Sessions Judge's reliance on Court witness CW 1, whose statement in a Section 107 CrPC proceeding was wrongly treated as substantive evidence—CW 1, not an eyewitness, arrived post-assault, partially corroborating PW 1's account—The Supreme Court found no grounds to interfere, citing the Sessions Judge's legal error—The appeal for a...