Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: I P C

I P C

Penal Code, 1860 (IPC) — Sections 302, 324 and 326 — Murder — Intent for Murder — The Court reaffirmed that intent for murder can be inferred from the circumstances of the incident, including the nature of injuries and the choice of weapon, even if there was no prior premeditation – Exception 2 to Section 300 — Private Defense — The Court clarified that the right of private defense under Exception 2 to Section 300 IPC does not apply if the accused was the aggressor or if the force used was excessive and disproportionate.

Dec 8, 2024 sclaw

2024 INSC 937 SUPREME COURT OF INDIA DIVISION BENCH KUNHIMUHAMMED@ KUNHEETHU — Appellant Vs. THE STATE OF KERALA — Respondent ( Before : Vikram Nath and Prasanna B. Varale, JJ.…

Cr P C I P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).

Oct 9, 2024 sclaw

2024 INSC 750 SUPREME COURT OF INDIA DIVISION BENCH K. BHARTHI DEVI AND ANOTHER — Appellant Vs. STATE OF TELANGANA AND ANOTHER — Respondent ( Before : B.R. Gavai and…

I P C

Penal Code, 1860 (IPC) — Section 420 — Passports Act, 1967 — Section 12(2) — The appellant was convicted for abetting the issuance of a second passport to a person already possessing a passport — The Supreme Court set aside the conviction and acquitted appellant due to insufficient evidence proving her guilt beyond reasonable doubt — Conviction based on circumstantial evidence requires each circumstance to be proven beyond reasonable doubt and the circumstances taken together should lead to an irresistible inference of guilt — Under Section 12(2), the prosecution bears the burden of proving that the accused knowingly furnished false information or suppressed material information with the intent to secure a passport or travel document — The Supreme Court allowed the appeal, setting aside the judgments of the Trial Court and the High Court, and acquitted appellant of the offences alleged against her.

Oct 2, 2024 sclaw

2024 INSC 721 SUPREME COURT OF INDIA DIVISION BENCH YOGARANI — Appellant Vs. STATE BY THE INSPECTOR OF POLICE — Respondent ( Before : Sanjay Kumar and Aravind Kumar, JJ.…

I P C

Penal Code, 1860 (IPC) — Sections 302 and 304 Part I — Murder — Alteration of Sentence — The main issue was whether the appellants’ conviction under Section 302 IPC was justified or if it should be altered to a lesser offense — The appellants argued that there was a delay in lodging the FIR, contradictions in witness testimonies, and that the injuries sustained by the appellants were not explained by the prosecution —The respondent-State maintained that the prosecution had proved the case beyond reasonable doubt and that the conviction and sentence were justified —The Supreme Court altered the conviction from Section 302 IPC to Part-I of Section 304 IPC, sentencing the appellants to the period already undergone —The Court found that the incident occurred in a sudden fight without premeditation and that the prosecution failed to explain the injuries sustained by the appellants —The Court concluded that the case fell under Part-I of Section 304 IPC due to the lack of premeditation and the sudden nature of the fight —The appeals were partly allowed, and the appellants were ordered to be released forthwith if not required in any other case.

Sep 29, 2024 sclaw

2024 INSC 727 SUPREME COURT OF INDIA DIVISION BENCH SUNIL @ SONU ETC. — Appellant Vs. STATE NCT OF DELHI — Respondent ( Before : B.R. Gavai and K.V. Viswanathan,…

I P C

Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited.

Sep 28, 2024 sclaw

2024 INSC 731 SUPREME COURT OF INDIA DIVISION BENCH SHOYEB RAJA — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sanjay Karol,…

I P C

Penal Code, 1860 (IPC) — Sections 148, 302, and 307 — The appellants, armed with weapons, attacked the victims, resulting in serious injuries — The prosecution’s case is supported by eyewitness testimonies and medico-legal evidence —Whether the appellants acted with common intention to kill and if the absence of independent witnesses affects the prosecution’s case — The appellants claimed self-defense and alleged false implication due to a prior FIR filed by A-4’s daughter — The prosecution argued that the appellants had a common intention to kill, supported by consistent eyewitness testimonies and medical evidence —The High Court’s decision finding the appellants guilty under sections 148, 302, and 307, IPC read with section 34 is upheld —The court emphasized the reliability of injured eyewitnesses and the formation of common intention even moments before the act — The appeal is dismissed, affirming the High Court’s judgment.

Sep 28, 2024 sclaw

2024 INSC 738 SUPREME COURT OF INDIA DIVISION BENCH BALJINDER SINGH @ LADOO AND OTHERS — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Dipankar Datta and Augustine…

I P C Prevention of Money Laundering

Penal Code, 1860 (IPC) — Sections 406, 420, 467, 468, 447, 504, 506, 341, 323 and 34 — Prevention of Money Laundering Act, 2002 — Sections 3, 4 and 45 ——The Supreme Court granted bail to the appellant, emphasizing that bail is the rule and jail is the exception — The Court found that the prosecution failed to establish a prima facie case of money laundering against the appellant

Aug 29, 2024 sclaw

2024 INSC 637 SUPREME COURT OF INDIA DIVISION BENCH PREM PRAKASH — Appellant Vs. UNION OF INDIA THROUGH THE DIRECTORATE OF ENFORCEMENT — Respondent ( Before : B.R. Gavai and…

Acquittal I P C

Distinction Between Assault and Jostling/Struggling — The court distinguished between an assault, which involves an intentional application of force or a threat to apply force, and jostling or struggling that may occur during an attempt to resist arrest or escape — The mere act of jostling or struggling, without evidence of intent to assault or use criminal force, does not constitute an offence under Section 353 IPC. Necessity of Compliance with Section 195(1)(a)(i) Cr.P.C. for Prosecuting under Section 186 IPC —The court held that for prosecuting an offence under Section 186 IPC (obstructing a public servant in the discharge of public functions), it is mandatory to follow the procedure laid down in Section 195(1)(a)(i) of the Code of Criminal Procedure (Cr.P.C.), which requires a complaint or report by the public servant concerned or by some other person authorized by him in writing.

Aug 18, 2024 sclaw

2024 INSC 600 SUPREME COURT OF INDIA FULL BENCH MAHENDRA KUMAR SONKER — Appellant Vs. STATE OF MADHYA PRADESH ( Before : B.R. Gavai, K. V. Viswanathan and Nongmeikapam Kotiswar…

I P C

Penal Code, 1860 (IPC) — Sections 193, 376 and 504 — Establishing relations on the false pretext of marriage — Accused was granted bail, which the complainant sought to cancel — Whether the appellant’s denial in his affidavit constitutes an offence under Section 193 IPC (false evidence) — Petitioner argue that mere denial of averments does not constitute perjury — The court is not bound to make a complaint under Section 195(1)(b) unless it is expedient in the interest of justice — Respondent states that the appellant misrepresented facts and continued relations with the complainant despite being engaged to someone else —The Supreme Court set aside the High Court’s direction to file a complaint against the appellant for perjury —Denial simpliciter does not meet the threshold for perjury — No malafide intention or deliberate attempt was evident from the appellant’s statements —Prosecution for perjury should be initiated only in exceptional circumstances where there is deliberate falsehood on a matter of substance —The appeal was allowed, and the proceedings arising from the High Court’s direction were quashed — The decision does not affect the ongoing criminal case against the appellant.

Aug 18, 2024 sclaw

2024 INSC 601 SUPREME COURT OF INDIA DIVISION BENCH JAMES KUNJWAL @APPELANT Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : B.R. Gavai, Sanjay Karol and K.V. Viswanathan,…

I P C

Penal Code, 1860 (IPC) — Sections 304 Part I and 304 Part II — Murder during a quarrel in family dispute — Modification of sentence — The main issue is whether the conviction should be under Section 304 Part I or Part II of the IPC — The petitioner argued that the incident was a result of self-defence and that the conviction should be set aside — The respondent supported the High Court’s decision and argued for the dismissal of the appeal — The Supreme Court upheld the High Court’s decision to alter the conviction from Section 304 Part I to Part II IPC but modified the sentence to the period already undergone by the appellant — The Court noted the emotional state of the young appellant and the non-premeditated nature of the incident — The Court emphasized the heat of the moment and the lack of control over anger leading to the incident — The appeal was partly allowed, modifying the sentence to the period already undergone while maintaining the conviction.

Aug 18, 2024 sclaw

2024 INSC 609 SUPREME COURT OF INDIA DIVISION BENCH HUSSAINBHAI ASGARALI LOKHANDWALA AND OTHERS — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Abhay S. Oka…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw