Digest Of Supreme Court Cases

Criminal Procedure Code, 1973 — Ss. 432(7), 433 and 433-A and S. 406 — Appropriate Government for Determination of Application for grant of premature release

Crime was committed in State of Gujarat, but case pending before trial court there was transferred by Supreme Court to competent court in State of Maharashtra for trial and disposal. Held, after trial had been concluded and judgment of conviction came to be passed, all further proceedings have to be considered including remission or premature […]

Criminal Procedure Code, 1973 — Ss. 432(7), 433 and 433-A and S. 406 — Appropriate Government for Determination of Application for grant of premature release Read More »

Criminal Procedure Code, 1973 — S. 319 — Power to proceed against other persons appearing to be guilty of offence

The scope and ambit of Section 319 CrPC has been well­ settled by the Constitution Bench of this Court in Hardeep Singh v. State of Punjab and others1 and paras 105 and 106 which are relevant for the purpose are reproduced hereunder: “105. Power under Section 319 CrPC is a discretionary and an extra­ordinary power. It is to be exercised sparingly

Criminal Procedure Code, 1973 — S. 319 — Power to proceed against other persons appearing to be guilty of offence Read More »

Criminal Procedure Code, 1973 — S. 320 — Compounding of offence under Ss. 307/149 IPC — When permissible

Exercise of power under Art. 142 of the Constitution in this regard, whether warranted, determined. During the pendency of these proceedings, the sister of the injured-PW-2 has married the accused No. 3 (Guhan). The accused persons as well as the injured are all residents of the same locality. In order to bring peace and in

Criminal Procedure Code, 1973 — S. 320 — Compounding of offence under Ss. 307/149 IPC — When permissible Read More »

Criminal Procedure Code, 1973 — Ss. 173(8) and 482 — Further investigation or reinvestigation

Principles clarified regarding permissibility and limitations on direction for further investigation or reinvestigation, by High Court by invoking its inherent powers under S. 482. Held, we can reasonably cull out the principles for application to the present case as follows: The scheme of the Code of Criminal Procedure, 1973 is to ensure a fair trial and that

Criminal Procedure Code, 1973 — Ss. 173(8) and 482 — Further investigation or reinvestigation Read More »

Penal Code, 1860 — Ss. 409, 420, 467, 471, 474, 477-A r/w Ss. 109 and 120-B

In this case, scandal alleged as to sale of used tickets/fake tickets/tickets bearing the nomination of higher value in certain buses of Punjab Roadways. There was absence of valid proof as to recovery of tickets and inquiry report submitted by the Enquiry Committee. Resultantly, considering said infirmities, appellant conductors, acquitted. [Jarnail Singh v. State of

Penal Code, 1860 — Ss. 409, 420, 467, 471, 474, 477-A r/w Ss. 109 and 120-B Read More »

Penal Code, 1860 — S. 302 r/w S. 149 or S. 304 r/w S. 149 [S. 300 Firstly and Fourthly and Exceptions] — Membership of unlawful assembly and sharing of its common object

When someone who sustained gunshot injuries and profusely bleeding was attacked again and the persons who attempted to come to his rescue were also attacked the only inference that can be drawn from such circumstances is that the common object was to do away with the life of that person. In the facts and circumstances,

Penal Code, 1860 — S. 302 r/w S. 149 or S. 304 r/w S. 149 [S. 300 Firstly and Fourthly and Exceptions] — Membership of unlawful assembly and sharing of its common object Read More »

Evidence Act, 1872 — Ss. 25 and 27 r/w S. 8 — Facts disclosed by accused in police custody

Principles summarised regarding scope of admissibility of facts disclosed by accused in police custody. “it may be noted that the trial court had allowed the entire disclosure statements of the three accused to be admitted in evidence by exhibiting the same as Ex. PW-39/B, PW-41/B and PW-41/C. The said statements were recorded by the PW-48,

Evidence Act, 1872 — Ss. 25 and 27 r/w S. 8 — Facts disclosed by accused in police custody Read More »

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