April 29, 2026 2:29 am

Murder—Recovered weapon was not sent for examination to ascertain whether the fatal injury could be resulted by it—Accused acquitted.

Bysclaw

Feb 24, 2018

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Criminal Law — Circumstantial Evidence — Burden of Proof — Reasonable Doubt — Conviction based on circumstantial evidence requires a complete chain of evidence that leaves no reasonable ground for doubt, consistent only with the hypothesis of guilt. The court found that the prosecution failed to prove its case against the appellants beyond reasonable doubt, with the sole remaining incriminating circumstance being the “last seen together” theory, which was deemed insufficient for conviction as an accomplice.

Apr 28, 2026 sclaw

Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against dismissal of criminal appeal by High Court — Conviction under Section 302 IPC and Section 27 Arms Act — Prosecution case based entirely on circumstantial evidence — No eyewitnesses — Reliability of prosecution witnesses critically examined — Admission by key witness regarding darkness and identification by voice only, materially undermining credibility — Evidence found insufficient to meet standard of proof in criminal law and exclude reasonable hypotheses of innocence — Conviction set aside and appellant acquitted.

Apr 7, 2026 sclaw

Criminal Procedure Code, 1973 (CrPC) — Sections 482 and 226 — Quashing of FIR and criminal proceedings — Allegations of dowry demand, cruelty, and assault resulting in miscarriage — Delay in lodging FIR — Vague and omnibus allegations without corroborating evidence — Inherent improbability of allegations — Abuse of process of law — The Supreme Court quashed the FIR and criminal proceedings against the appellants (sister-in-law and parents-in-law) leading to a miscarriage — The Court noted significant delay in lodging the FIR, vague and omnibus allegations without concrete evidence, and the inherent improbability of the accusations — The Court emphasized that general and sweeping accusations unsupported by evidence cannot form the basis for criminal prosecution and that the legal provisions should not be misused for personal vendetta or arm-twisting tactics — The Court relied on the principles laid down in State of Haryana vs Bhajan Lal, including cases where allegations are absurd or inherently improbable, or where the proceeding is maliciously instituted with ulterior motive — The Court also considered the age and career prospects of the accused, deeming it inexpedient and not in the interest of justice to allow the prosecution to continue against them.

Mar 29, 2026 sclaw

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Apr 28, 2026 sclaw

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Apr 28, 2026 sclaw

Evidence Act, 1872 — Eyewitness testimony vs. Medical evidence — In case of conflict, eyewitness testimony, especially of an injured witness who is found to be reliable and has withstood cross — examination, is generally superior to expert medical opinion formed by an expert witness — Lack of independent witnesses does not automatically compromise the prosecution case, especially when societal realities suggest potential fear or hesitation

Apr 28, 2026 sclaw

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Apr 28, 2026 sclaw