“Unreliable Confession, Doubtful Evidence: Murder Acquittal Upheld”
SUPREME COURT OF INDIA DIVISION BENCH KALINGA @ KUSHAL — Appellant Vs. STATE OF KARNATAKA BY POLICE INSPECTOR HUBLI — Respondent ( Before : Bela M. Trivedi and Satish Chandra…
Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – Sections 2(b)(i) and 3(1) – Quashing of FIR – Member of gang – For framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any one or more offences covered by anti-social activities as defined under Section 2(b) – FIR and criminal proceedings were quashed – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH FARHANA — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : J.B. Pardiwala and Sandeep Mehta, JJ. ) Criminal Appeal…
Drugs and Cosmetics Act, 1940 – Sections 18(A), 18(c), 27 (b)(ii) and 28 – Conviction and sentence – Imposing a sentence of imprisonment would be unjustified, particularly when the intent to sell/distribute under Section 18(c) of the Act has been held unproven – It fit to modify the impugned judgment, set aside the sentence of imprisonment as awarded, and instead thereof, impose a fine of Rs. 1,00,000/- on the Appellant – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH PALANI — Appellant Vs. THE TAMIL NADU STATE — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal No….of 2024…
Court is not expected to reject the testimony of an interested witness, however, when the testimony is full of contradictions and fails to match evenly with the supporting evidence (the wound certificate, for instance), a Court is bound to sift and weigh the evidence to test its true weight and credibility – High Court had erred in reversing the decision of acquittal – Acquittal order passed by Trial Court restored – Appellants are acquitted from all the charges – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH MALLAPPA AND OTHERS — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Bela M. Trivedi and Satish Chandra Sharma, JJ. ) Criminal…
It is very difficult to connect any accused with the injuries sustained by the deceased in the absence of any cogent evidence – Therefore, it is not possible to uphold the conviction for the offence punishable under Section 302 of the IPC – Conviction and sentence set-aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH KISHORE AND OTHERS — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal…
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(xi) – The Court held that the prosecution had failed to prove beyond a reasonable doubt that the accused had assaulted the victim with the intention of dishonouring or outraging her modesty, as required under Section 3(1)(xi) SC/ST Act – The Court also held that the prosecution had failed to establish that the accused belonged to a Scheduled Caste or a Scheduled Tribe
SUPREME COURT OF INDIA FULL BENCH DASHRATH SAHU — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai, Prashant Kumar Mishra and Sandeep Mehta, JJ. ) Criminal…
Constitution of India, 1950 – Article 19(1)(a) – Penal Code, 1860 (IPC) – Section 500 – Defamation – Quashing of complaint – A complaint has been filed against the appellant/accused, the registered owner of the ‘Sunday Blast’ newspaper – Allegation is that the accused allowed the publication of a news article in the February 24, 2013 edition with the title “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj,” – Order passed by Magistrate First Class, Hoshangabad rejecting the complaint of the respondent-complainant is a well-reasoned order
SUPREME COURT OF INDIA DIVISION BENCH SANJAY UPADHYA — Appellant Vs. ANAND DUBEY — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal No(S). …of 2024…
Penal Code, 1860 (IPC) – Section 302 – Arms Act, 1959 – Section 25 – Evidence Act, 1872 – Section 27 – Murder – Acquittal – Benefit of doubt – Evidence of recovery of the weapon at the instance of the appellant-accused cannot be accepted as reliable – It cannot be said that there was a discovery by the appellant of the place where dead bodies were kept
SUPREME COURT OF INDIA DIVISION BENCH KRISHAN — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal No. 2351…
Sole circumstance of recovery of blood-stained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused – Only on the basis of sole circumstance of recovery of blood-stained weapon, it cannot be said that the prosecution has discharged its burden of proving the case beyond reasonable doubt – Merely on the basis of suspicion, conviction would not be tenable
SUPREME COURT OF INDIA DIVISION BENCH RAJA NAYKAR — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal No. 902…
Criminal Procedure Code, 1973 (CrPC) – Section 227 – Penal Code, 1860 (IPC) – Sections 341, 323 and 302 – Murder – Discharge – As per post-mortem report death of the deceased was natural – No injury was found on the chest or any other part of the body of the deceased – Order of discharge upheld.
SUPREME COURT OF INDIA DIVISION BENCH RAMALINGAM AND OTHERS — Appellant Vs. N. VISWANATHAN — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal No.…