Indian Penal Code, 1860—Sections 307/34 and 324/34—Criminal Law—Attempt to Murder vs. Voluntarily Causing Hurt by Dangerous Weapons—In this case, the appellant was initially convicted under Section 307/34 IPC for attempting to commit murder by firing a country-made pistol at the injured victim (PW-3)—However, upon reappreciation of the evidence, the High Court held that the incident occurred spontaneously during a quarrel and lacked premeditation—The medical evidence (PW-5) did not indicate that the firearm injury was grievous or life-threatening—The Court emphasized that minor discrepancies in witness testimonies, given after two years, are natural and do not undermine the material facts establishing the role of the appellant in the assault—Consequently, the conviction was altered from Sect...

    Mental Healthcare Act, 2017—Section 115—Retrospective Application—Quashing of Criminal Proceedings—The High Court considered whether the Mental Healthcare Act, 2017 (MHA), particularly Section 115, which presumes severe stress in suicide attempts, could apply retrospectively to quash proceedings under Section 309 IPC for an incident predating the Act—The Court held that the MHA, being a beneficial legislation aimed at protecting and rehabilitating persons with mental illness, warrants retrospective application—Referring to Rattan Lal v. State of Punjab and Vatika Township Pvt. Ltd., the Court underscored that statutes conferring benefits should be liberally construed—As the prosecution failed to rebut the presumption of stress under Section 115 MHA, it found continuing the ca...

Suicide—Indian Penal Code, 1860—Sections 498-A, 304-B read with Section 34—Dowry Prohibition Act, 1961—Sections 3 and 4—Code of Criminal Procedure, 1973—Section 438—Cruelty—Dowry demand—Harassment—Bail—Grant of—Both petitions filed for—Legality of—Nothing is found in complaint that accused No. 2 subjected deceased to cruelty or scolded her that she has not beget any child—High Court does not find any prima facie material against accused No. 2 to show that she has a direct role in deceased to commit suicide or soon before her death of deceased, mother-in-law has driven deceased to take such a fateful steps—Both petitioners have come forward to obey conditions that may be imposed on them by High Court—Bail Granted—Conditions imposed&m...

Indian Penal Code — Sections 302, 309 — Application for pre mature release — Attempt to Suicide — Killing of own child — Trial Court Convicted appellant — High Court upheld conviction under S.302 IPC but acquitted accused under S.309 IPC — State refused to pra mature release of appellant ruling act of accused as cruel and brutal — Appellant administered poison to her two sons is clearly reflective of her being under a state of tremendous mental stress—Scenarios put forth by the Appellant not covered under the exceptions enumerated under S.300 of the IPC — Positive recommendation of the State Level Committee for premature release of Appellant, has been rejected by the State on ground that the Appellant had administered poison to murder her two sons to continue her illicit rel...