***

Bail – Murder -- Prolonged incarceration -- Successive bail petition -- Petitioner in custody for about five years, with only 14 of 25 prosecution witnesses examined and delay not attributable to him -- Continued incarceration -- Right to speedy trial under Article 21 -- Bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Regular Bail -- Successive bail petition -- Maintainability -- Murder -- Prolonged incarceration -- Speedy trial -- Article 21 of Constitution -- Successive bail petition maintainable where there is drastic change in circumstances -- Deprivation of personal liberty without ensuring speedy trial not in consonance with Article 21 -- Petitioner in custody for about five years in murder case based on circumstantial evidence, with only 14 out of 25 prosecution witnesses examined and delay not attributable to him -- Gravity of offence cannot by itself justify continued incarceration -- Bail not to be withheld as punishment -- Trial not likely to conclude shortly -- Bail granted.

(Paras 7–8)

***

Regular bail – Murder -- Prolonged custody -- Speedy trial -- Appellant in custody for about 2 years and 7 months -- Fatal/grievous injury not attributed to him and only simple injury attributed to him -- Only 2 out of 34 prosecution witnesses examined and trial not likely to conclude shortly -- Appellant ordered to be released on bail.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Constitution of India, 1950, Article 21 -- Indian Penal Code, 1860 (45 of 1860), Section 302, 396, 323, 406, 307, 148, 149 -- Regular bail – Murder -- Appellant linked to acts attributed with aid of Section 149 -- Appellant alleged to have reached spot being accompanied by co-accused and to have opened an attack upon victim, complainant and his brother -- Fatal/grievous injury on person of victim not attributed to appellant -- Only simple injury on shoulder/person of injured attributed to him -- Though allegations made out a prima facie case, appellant had been in custody for a period of about 2 years and 7 months -- Only 2 out of 34 prosecution witnesses examined so far and chances of conclusion of trial in near future bleak -- Deprivation of personal liberty without ensuring speedy trial not in consonance with right guaranteed under Article 21 -- Howsoever serious a crime may be, accused has a right to speedy trial -- Bail is not to be withheld as a punishment -- Impugned order set aside -- Appellant ordered to be released on bail subject to furnishing personal as well as surety bonds to satisfaction of Court concerned.

(Paras 7 to 9)

***

Murder trial – S. 12 UP Gangsters Act, 1986 -- Precedence of trials -- Gangsters Act proceedings to be given preference in event of clash of dates -- No clash of dates -- Section 12 not attracted -- High Court order keeping murder trial in abeyance set aside.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 346 -- Constitution of India, Article 21 -- Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (7 of 1986), Section 12 -- Precedence of trials -- In a trial for murder under the IPC, accused filed an application seeking that trial be kept in abeyance pending conclusion of trial under Gangsters Act -- Purpose behind Section 12 was not to freeze other proceedings against accused till proceedings under Gangsters Act were concluded -- Purpose was only to indicate that, in event of clash of dates, proceedings under Gangsters Act were to get priority -- Section 346 of BNSS mandates to continue proceedings from day-to-day basis until all witnesses in attendance are examined -- Harmoniously reading Section 12 of Gangsters Act with Section 346 of BNSS, all that Section 12 contemplates is that, in event of a clash of dates, proceedings under Gangsters Act would be given preference -- Right to speedy trial is not only prerogative of accused but is also a valuable right of victim -- Interpretation canvassed by respondent-accused would give a handle to accused to delay all other cases under pretext that proceedings are pending under Gangsters Act and make a mockery of judicial process -- There was no issue of clash of dates warranting application of Section 12 -- High Court clearly erred in directing murder trial to be kept in abeyance -- Impugned order set aside.

(Paras 12, 15, 19, 22-26)

***

Abetment of suicide -- When Section 306 IPC is read with Section 107 IPC, it is clear that there must be direct or indirect instigation in close proximity to the commission of suicide, along with clear mens rea to abet the commission of suicide.

***

Abetment of suicide -- Ordinary administrative directions, disciplinary supervision, adverse remarks regarding official performance, or even stern behaviour on part of superior officer cannot be elevated to status of abetment under Section 306 IPC

***

Criminal intimidation -- Alleged threats of suspension -- Appellant was not the competent authority to suspend the deceased -- Essential ingredients of Sections 504 and 506 IPC not attracted.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 306 and 107 -- Abetment of suicide -- Superior officer -- Proximity and mens rea --  Section 306 IPC read with Section 107 IPC requires direct or indirect instigation in close proximity to commission of suicide, along with clear mens rea to abet commission of suicide -- There must exist a proximate act amounting to instigation or intentional aid -- Ordinary administrative directions, disciplinary supervision, adverse remarks regarding official performance, or even stern behaviour on part of superior officer cannot be elevated to status of abetment under Section 306 IPC – There is complete absence of any proximate act of instigation immediately preceding suicide -- Prosecution failed to prima facie establish any intention to instigate, aid or abet deceased to commit suicide -- Continuation of criminal proceedings would amount to an abuse of process of law -- Appellant discharged.

(Para 14, 22-26, 28)

B. Indian Penal Code, 1860 (45 of 1860), Sections 504 and 506 -- Intentional insult -- Criminal intimidation -- Official acts performed by superior officer and alleged threats of suspension -- Allegations against Appellant pertain primarily to acts performed in his official capacity as superior officer of deceased -- Material on record does not disclose any intentional insult likely to provoke a breach of peace, nor does it reveal any criminal intimidation -- Appellant was not the competent authority to suspend deceased -- Essential ingredients of Sections 504 and 506 IPC not attracted -- Appellant discharged.

(Para 27, 28)

***

Cyber Fraud -- Bail -- Clean antecedents, completion of investigation and prolonged custody, coupled with doubtful evidentiary value of the co-accused's disclosure statement, justified grant of regular bail.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483, 23 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 318(4) and 61(2) -- Regular bail -- Cyber fraud -- Clean antecedents -- Completion of investigation -- Disclosure statement of co-accused -- Admissibility -- Speedy trial -- Petitioner granted regular bail as he had remained in custody for more than five and a half months, investigation qua him stood completed, nothing remained to be recovered and trial was not likely to conclude in the near future -- The only material against the petitioner was the disclosure statement of a co-accused, prima facie hit by Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, no recovery or discovery having been effected pursuant thereto -- Regular bail granted.

(Paras 13 to 19)

***

Juvenile Justice Act -- Classification of Offences -- Heinous offence -- Offence punishable under Section 302 IPC carries life imprisonment as its minimum punishment by necessary implication and therefore falls within definition of "heinous offence".

***

Juvenile Justice Act -- Appeal -- Section 101(2) -- Expression "may" is enabling and discretionary and does not oblige Appellate Court to obtain expert assistance in every appeal arising from Section 15.

***

Juvenile Act -- Preliminary Assessment -- JJ Board must independently apply its mind to all available materials, including the Social Investigation Report (SIR) and Social Background Report (SBR).

***

A. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Sections 2(33) and 2(54) -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 433A -- Classification of Offence – Murder -- Heinous Offence -- The juvenile appellant, aged above 16 years, was apprehended for allegedly slitting the throat of the deceased -- The appellant contended that Section 302 IPC does not prescribe a minimum punishment and should therefore fall under the definition of a "serious offence" under Section 2(54)(b) – Held that a court convicting an accused of an offence under Section 302 of the IPC cannot impose any lesser sentence than imprisonment for life -- Life imprisonment constitutes the minimum punishment by necessary implication -- The disjunctive "or" between "death" and "imprisonment for life" merely confers discretion to choose between the two punishments, but does not open any avenue for a lesser imprisonment -- Section 21, which prohibits imprisonment for life without possibility of release, operates only at the stage of sentencing and has no bearing on classification of the offence -- Categorized as a "heinous offence".

(Paras 8, 14, 32, 33, 39, 40, 85)

B. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Sections 15 and 101(2) -- Appeal -- Mandatory or directory nature of expert assistance -- Preliminary assessment -- JJ Board disposed of the case by relying solely on the expert's preliminary assessment report, ignoring the Social Investigation Report (SIR) and Social Background Report (SBR) -- Appellate Court reversed the decision and directed that the appellant be tried as an adult without obtaining fresh expert assistance -- Held, the word "may" in Section 101(2) does not mandate the Appellate Court to seek expert assistance in every appeal arising from an order under Section 15 -- The expression "may" is enabling and permissive, conferring discretion upon the Appellate Court -- SIR and SBR are not supplementary material but constitute pertinent inputs which must be accorded due weight alongside the expert opinion -- JJ Board must independently apply its mind to all material available before arriving at its conclusion.

(Paras 49, 50, 56, 79, 84, 85)

***

Complaint -- Dismissal for non-appearance -- Pre-cognizance stage -- Petition under Section 528 of BNSS maintainable -- Dismissal before issuance of process does not amount to acquittal -- Complaint restored.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Sections 279, 419(4) and 528 -- Complaint -- Dismissal for non-appearance of complainant -- Pre-cognizance stage -- Maintainability of petition under Section 528 -- Section 279 can be invoked only after issuance of process against accused -- Dismissal of complaint under Section 279 results in acquittal of accused and is appealable under Section 419(4) after obtaining leave of High Court -- Such order cannot be challenged under Section 528 or by invoking revisional power -- Dismissal of complaint at pre-cognizance stage does not amount to acquittal and is not appealable -- Petition under Section 528 maintainable where dismissal has resulted in failure of justice -- Non-appearance of complainant not deliberate but due to circumstances beyond his control -- Failure to restore complaint would cause grave prejudice and result in failure of justice -- Impugned order set aside and complaint restored to its original position.

(Paras 3–8)

***

Unlawful Assembly -- Mere presence at the crime scene would not ipso facto render a person member of the unlawful assembly.

***

Unlawful Assembly -- Quashing of FIR -- Where petitioners distanced themselves from the unruly mob and started helping the victims, and the chances of their conviction were very bleak, no fruitful purpose would be served in permitting the FIR to sustain and the same was liable to be quashed.

***

A. Indian Penal Code, 1860 (45 of 1860), Section 149 -- Unlawful assembly -- Beating by mob -- Common object -- Mere presence at the crime scene would not ipso facto render a person a member of the unlawful assembly -- Liability would shift to the bystander only when he shared the common object with the unlawful assembly -- Petitioners, though part of the protest march, after having seen the conduct of persons who allegedly gave beatings to the teachers, separated themselves and attempted to save the teachers from beatings -- They cannot be said to be a part of the unlawful assembly -- The word "knew" used in the second part of the Section implies something more than possibility and positive knowledge is necessary -- There was nothing on record to suggest that petitioners were aware of the intention and object of some members of giving beatings to the staff and teachers.

(Para 18, 19, 21, 22)

B. Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Quashing of FIR -- Though petitioners were part of the protest march, they immediately after having seen the behaviour of the unruly mob, distanced themselves and started helping the staff and teachers -- Complainant as well as victims had specifically named persons who had allegedly given them beatings -- Chances of conviction of the petitioners were very bleak and, as such, no fruitful purpose would be served in permitting the FIR sought to be quashed to sustain -- Consequently, FIR and consequential proceedings quashed and set aside qua the petitioners.

(Para 23-25)

***

Medical Negligence -- Summoning order under Section 304A IPC against doctor set aside for failure to await PGI Expert Report.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section, 223, 528 -- Quashing of summoning order -- Medical negligence -- Complaint alleging death due to negligent treatment -- District Medical Negligence Board comprising six doctors opining that treating doctor could not be held negligent -- Trial Court having directed obtaining of second expert opinion from PGI Chandigarh -- Summoning order passed without awaiting PGI report and without recalling earlier order directing procurement of expert opinion -- Procedure adopted by Trial Court held contrary to its own directions and settled norms of judicial discipline -- Summoning order under Section 304-A IPC quashed -- Trial Court directed to procure PGI report, consider the same along with other material on record and pass fresh order.

(Paras 16 to 24)

***

Anticipatory bail -- Senior citizen accused in boundary wall dispute involving allegations of trespass/assault having civil dispute and referred to mediation -- Petitioner joined investigation pursuant to interim protection -- Custodial interrogation not required -- Anticipatory bail made absolute.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), Sections 482(2) and 483(3) -- Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), Sections 333, 74, 304(2), 115(2), 351(2), 191(3), 190, 324(4) --Anticipatory bail -- Petitioner, a senior citizen, alleged to have been involved in dispute arising out of boundary wall construction and alleged trespass/assault -- Matter also referred to mediation proceedings -- Interim protection earlier granted with direction to join investigation -- Held, once accused joins investigation and cooperates and custodial interrogation is not required, anticipatory bail can be confirmed -- Petition allowed.

(Paras 1–7)

***

Regular bail -- Abetment of suicide -- Allegation that employer questioned driver regarding missing freight amount leading to suicide -- No prima facie material of instigation, mens rea or proximate nexus at this stage -- Trial likely to take long time -- Clean antecedents -- Bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 108, 3(5), 115(2) -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Sections 3(1)(s), 3(2)(va) -- Regular bail – Suicide by driver employed with petitioner -- Allegation that deceased was questioned regarding missing freight amount -- Investigation complete and challan presented; charges not framed -- 32 witnesses cited, none examined -- No criminal antecedents -- In absence of prima facie material of instigation, mens rea or proximate link, continued incarceration held unjustified -- Without expressing opinion on merits, appellant admitted to bail subject to conditions of trial Court -- Appeal allowed.

(Paras 3-9)

***

Regular bail -- Group assault with iron rods -- No specific overt act attributed to petitioner; main injury attributed to co-accused -- Custody since 18.04.2026 (01 month 10 days); investigation complete; trial not likely to conclude soon -- Bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 110, 115(2), 126(2), 190, 191(3), 351(3) -- Regular bail – Allegation of group assault with iron rods in street  -- FIR alleges petitioner present in vehicle (Thar) owned by him --  Custody since 18.04.2026 (01 month 10 days) -- No specific injury attributed to petitioner -- Main injury attributed to co-accused -- Custodial interrogation not required -- Trial likely to consume considerable time -- Continued incarceration held improper – Petitioner directed to be released on bail subject to conditions imposed by trial Court -- Petition allowed.

(Paras 3–9)

***

Life imprisonment -- Modification of sentence -- Appellant convicted under Section 302 IPC and having undergone 23 years, 6 months and 3 days of actual imprisonment -- Held, sentence modified to period already undergone.

***

Indian Penal Code, 1860 (45 of 1860), Sections 302, 53, 55 and 45 -- Code of Criminal Procedure, 1973 (2 of 1974), Sections 433-A, 386 and 401 -- Murder -- Life imprisonment -- Modification of sentence -- Appellant convicted under Section 302 IPC and having undergone 23 years, 6 months and 3 days of actual imprisonment -- Whether life sentence can be modified to a fixed-term sentence -- Held, life imprisonment ordinarily means imprisonment for the remainder of natural life subject to constitutional and statutory remission powers -- However, Supreme Court and High Courts are empowered to impose a modified or fixed-term sentence exceeding fourteen years and may convert life imprisonment into a specified term of incarceration -- Considering that appellant was about 21 years of age at the time of occurrence, incident was of the year 1998 and appellant had already undergone more than 23 years of actual imprisonment, sentence modified to period already undergone while maintaining conviction -- Appeal partly allowed.

(Paras 8 to 18)

***

Cruelty -- General and omnibus allegations -- Letters allegedly written by deceased -- Handwriting not proved and contents vague -- No reliance can be placed thereon -- Conviction cannot be sustained in absence of specific instances, particulars or reliable evidence.

***

Indian Penal Code, 1860 (45 of 1860), Sections 498-A and 304-B -- Dowry Prohibition Act, 1961 (28 of 1961), Section 4 -- Cruelty -- Dowry demand -- Suicide by wife -- Acquittal -- Trial Court acquitted accused under Section 304-B IPC holding that demand of dowry was not proved -- Conviction under Section 498-A IPC and Section 4 of Dowry Prohibition Act recorded on basis of oral testimony and letters allegedly written by deceased -- Allegations of dowry demand and cruelty found general and omnibus without specific instances, particulars or identification of persons making demands -- Alleged letters not proved in accordance with law, handwriting of deceased not established and contents did not disclose any definite harassment or cruelty -- Held, evidence fell short of establishing cruelty or unlawful demand within meaning of Section 498-A IPC -- Conviction unsustainable -- Judgments of Trial Court and High Court set aside -- Appellant acquitted.

(Paras 2, 5 to 12)

***

Further investigation -- Third round of further investigation without leave of Magistrate -- Civil dispute given criminal colour -- Abuse of process of law -- FIR and chargesheet quashed.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 173(8) -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 193(9) -- Indian Penal Code, 1860 (45 of 1860), Sections 406, 420, 468, 471 and 34 -- Further investigation -- Permission of Magistrate -- Requirement of -- Closure reports filed twice recording dispute to be civil in nature -- Third round of further investigation undertaken and chargesheet filed without obtaining leave of Magistrate -- Permissibility of -- Business dispute relating to alleged joint venture, investment and sharing of profits -- Allegations arising out of commercial relationship between parties -- No satisfactory explanation for delayed allegations of forgery -- Held, obtaining leave of Magistrate for further investigation under Section 173(8) Cr.P.C./Section 193(9) BNSS is a necessary requirement -- Chargesheet founded on unauthorized further investigation unsustainable -- Dispute predominantly civil in nature and continuation of criminal proceedings amounted to abuse of process of law -- FIR, chargesheet and all consequential proceedings quashed.

(Paras 8 to 15)

***

Compromise in criminal appeal -- Conviction under Sections 364, 323, 324 r/w 34 IPC -- Long pendency of about 22 years -- Parties settled dispute amicably and complainant not willing to pursue case -- Conviction affirmed but sentence reduced to period already undergone -- Fine maintained.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), Section 528 -- Indian Penal Code, 1860 (Act No. 45 of 1860), Sections 364, 323, 324 read with Section 34 -- Criminal appeal against conviction – Allegation of abduction and assault arising out of enmity -- Conviction upheld on merits -- During pendency of appeal, compromise arrived at between parties and report of CJM confirming settlement -- Complainant not interested in prosecution -- Custody already more than one year -- Considering long pendency of 22 years and period of custody already undergone, sentence modified to period already undergone while maintaining fine -- Appeal partly allowed.

(Paras 1–17)

***

Regular bail -- Murder -- Long custody since 08.09.2022 -- Key prosecution witness (complainant) not supporting prosecution case -- Only 10 of 29 witnesses examined -- Parity with co-accused already granted bail -- Trial not likely to conclude soon -- Bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 323, 302 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Sections 3(2)(v), 3(2)(va) -- Regular bail -- Allegation of participation in unlawful assembly causing death of deceased -- Custody since 08.09.2022 -- Trial at early stage with only 10 of 29 witnesses examined -- Material prosecution witness (complainant) turned hostile -- Co-accused already granted bail -- Held, prolonged incarceration without likelihood of early conclusion of trial and parity with co-accused justify grant of bail -- Without expressing opinion on merits, appellant directed to be released on bail subject to conditions of trial court -- Appeal allowed.

(Paras 6, 7)

***

Criminal medical negligence -- Anaesthetist giving telephonic post-operative pain management advice after duty hours cannot be held criminally liable for subsequent procedural lapse committed by staff nurse in administering injection -- Criminal proceedings quashed.

***

Criminal negligence -- In absence of direct proximate nexus between telephonic painkiller advice and death caused by acute coronary insufficiency due to 80% coronary blockage, criminal liability of appellant-anaesthetist not sustainable.
***

Medical negligence -- Constitution of expert panel without anaesthetist in case involving epidural anaesthesia rendered medical opinion unreliable and contrary to safeguards laid down in Jacob Mathew, (2005) 6 SCC 1 -- Criminal prosecution unsustainable.

***

Criminal proceedings and civil proceedings -- Exoneration in civil proceedings -- Appellant-doctor having been exonerated on merits by Consumer Forum and such finding attaining finality, continuation of criminal prosecution on identical allegations held abuse of process of law.

***

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 304-A -- Criminal medical negligence -- Rash and negligent act -- Degree of negligence -- Anaesthetist whose duty hours had concluded cannot be held criminally liable for a subsequent procedural error committed by a staff nurse -- Appellant merely suggested administration of painkiller over telephone, which constituted standard medical advice for post-operative pain management and not gross criminal recklessness -- Failure of nurse to accurately locate epidural space may at best amount to deficiency in service giving rise to civil liability, but lacked gross culpability or mens rea necessary to attract Section 304-A IPC -- Essential ingredients of criminal negligence absent -- Criminal proceedings quashed.

(Paras 19, 20, 24, 25)

B. Indian Penal Code, 1860 (45 of 1860), Section 304-A -- Criminal negligence -- Proximate cause -- Requirement of direct nexus (causa causans) between negligent act and death -- Painkiller advised by petitioner over telephone -- Deceased found having asymptomatic 80% coronary artery blockage -- Medical evidence proving immediate cause of death to be acute coronary insufficiency resulting in heart attack -- Chain of causation too remote to fasten criminal liability upon appellant-anaesthetist -- Criminal prosecution unsustainable.

(Para 28)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Medical negligence -- Expert opinion – Requirement of independent competent medical opinion -- Case relating to administration of epidural anaesthesia -- Constitution of expert panel without anaesthetist -- Effect -- Absence of specialist in concerned branch rendered panel incompetent to evaluate technical nuances of epidural anaesthesia and catheter management -- Reliance on such flawed expert report contrary to safeguards laid down in Jacob Mathew v. State of Punjab -- Criminal prosecution unsustainable.

(Paras 26, 27)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Criminal proceedings and civil proceedings -- Exoneration in civil proceedings -- Effect -- Consumer Forum after detailed appreciation of evidence exonerating appellant-doctor from liability -- Finding attained finality qua the appellant -- Where exoneration on merits holds allegations wholly unsustainable, continuation of criminal prosecution on identical facts amounts to abuse of process of law.

(Paras 21 to 23)

***

Circumstantial evidence -- Murder -- Recovery of articles -- Recovery of empty phials of calmpose injection, clothes worn and rope at instance of appellant proved through testimony of Investigating Officer -- Viscera report showing diazepham present -- Merely because panch witnesses turned hostile cannot be ground to discard important piece of evidence if recovery is proved through Investigating Officer -- Conviction under Section 302 IPC upheld.

***

Indian Penal Code, 1860 (45 of 1860), Sections 302 and 149 -- Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Murder -- Circumstantial evidence -- Recovery of articles -- Empty phial of calmpose injection, clothes worn by appellant and rope recovered at instance of appellant -- Prosecution case that accused persons initially administered calmpose injection to deceased persons and thereafter caused injuries resulting in death -- Postmortem report showing shock due to external and internal injuries on vital parts and excessive blood loss -- Viscera report showing diazepham present -- Recovery not vitiated merely because panch witnesses failed to support prosecution case -- Recovery proved through testimony of Investigating Officer -- Recovery held proved -- Conviction upheld.

(Paras 15 to 21)

***

Murder and dowry cruelty -- Deceased subjected to persistent harassment for motorcycle and cash demand -- Medical evidence proving homicidal hanging -- Husband failed to explain injuries sustained by deceased in matrimonial home -- Conviction under Sections 302 and 498A IPC upheld.

***

Burden of proof -- Murder inside matrimonial home -- Husband failed to explain homicidal death of wife -- Adverse inference rightly drawn under Section 106 of Evidence Act.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 302 and 498A – Murder -- Dowry demand and cruelty -- Deceased repeatedly subjected to torture for motorcycle and cash demand -- Several panchayat meetings and resolutions effected for compromise -- Direct evidence of father and other witnesses regarding persistent cruelty and harassment -- Deceased found hanging in matrimonial home where appellant-husband was present -- Medical evidence proving simulated hanging/homicidal hanging -- Appellant failed to offer any explanation regarding injuries sustained by deceased prior to death -- Defence of suicide belied by overwhelming medical evidence -- Conviction under Sections 498A and 302 IPC upheld.

(Paras 25 to 31)

B. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Murder inside house -- Burden of proof -- Where offence takes place inside privacy of house, corresponding burden lies upon inmates of house to give cogent explanation as to how victim succumbed -- Appellant-husband failed to discharge burden or explain homicidal death of wife inside matrimonial home -- Adverse inference rightly drawn against appellant.

(Paras 29 to 31)

***

Circumstantial evidence -- Acquittal -- High Court found prosecution failed to establish complete chain of circumstances and allowed appeal and set aside conviction --Supreme Court declined interference under Article 136.

***

Indian Penal Code, 1860 (45 of 1860), Sections 364, 302, 396, 201 and 120-B -- Constitution of India, Article 136 -- Circumstantial evidence -- Murder -- Appeal against acquittal -- Prosecution case rested entirely on circumstantial evidence including last seen theory, recoveries and alleged disclosure statements -- High Court found prosecution failed to establish complete chain of circumstances and allowed appeal and set aside conviction -- Non-examination of independent witness allegedly present at time of recovery of dead body created serious doubt regarding prosecution claim that recovery was made pursuant to disclosure statement of accused -- Recoveries of tape recorder, wrist watch and towel not connected with crime through legally admissible evidence -- Suspicion, however strong, cannot substitute proof -- When two views are possible and High Court adopts plausible view, Supreme Court would not interfere with acquittal unless findings are perverse or result in miscarriage of justice -- Appeals dismissed.

(Paras 24 to 43)

***

Anticipatory bail -- Allegations of caste-based abuse, harassment and threat to kill under BNS and SC/ST Act -- Alleged occurrence not in public view and caste status disputed -- No specific overt act attributed and no recovery required -- Bar under Section 18 SC/ST Act not attracted where prima facie ingredients not made out -- Anticipatory bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482(2) -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 296, 299, 351(3), 109 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Sections 3(1)(r), 3(1)(s), 3(2)(va), 18 -- Arms Act, 1959 (54 of 1959), Sections 25, 27 -- Anticipatory bail – Offence under SC/ST Act and BNS -- Allegation that accused abused complainant in name of caste and threatened her -- Defence of false implication and caste dispute raised -- FIR contents show no clear public view occurrence -- Caste certificate dispute raised -- Held, Section 18 SC/ST Act not an absolute bar where prima facie ingredients of offence not made out -- No specific role or recovery attributed to petitioner -- Criminal antecedents alone not ground to deny bail -- Custodial interrogation not required -- Impugned order refusing anticipatory bail set aside -- Appellant directed to be released on anticipatory bail subject to conditions under Section 482(2) BNSS -- Appeal allowed.

(Paras 7-10)

***

Attempt to murder -- No material suggesting prior planning, preparation or concerted intention to cause death -- Incident having occurred suddenly when complainant intervened in ongoing altercation, prosecution failed to establish requisite intention or knowledge under Section 307 IPC -- Conviction altered from Section 307/34 IPC to Section 325/34 IPC.

***

Attempt to murder -- Ingredients of offence -- Intention or knowledge to commit murder coupled with an overt act towards its commission are essential -- Nature of injury is not decisive and even simple injuries may attract Section 307 IPC where requisite mens rea is established.

***

Grievous hurt -- Ocular version corroborated by medical evidence -- Participation of accused in causing injuries proved beyond reasonable doubt -- Fractures in both parietal bones near midline with neurological complications and prolonged hospitalization constituted grievous hurt -- Conviction under Section 325/34 IPC justified.

***

Attempt to murder -- Intention -- Words "such intention" in Section 307 IPC refer to intention contemplated under Section 300 IPC -- In absence of proof of intention to cause death or such bodily injury as is likely to cause death, conviction under Section 307 IPC cannot be sustained, though such intention may be inferred from weapon used, motive, part of body targeted, nature of injuries and surrounding circumstances.

***

Attempt to murder -- Injury dangerous to life -- Gravity of injury by itself is not determinative of offence under Section 307 IPC and intention to commit murder cannot be presumed merely because injuries were opined to be dangerous to life.

***

Attempt to murder -- Weapons used were ordinary lathis which, in facts of case, could not be regarded as inherently deadly weapons -- No conduct indicative of determined effort to cause death -- Offence held to fall under Section 325 IPC and not Section 307 IPC.

***

Sentence -- Conviction altered from Section 307 IPC to Section 325 IPC -- Accused having undergone substantial period of imprisonment and remained on bail for long period, sentence reduced to period already undergone -- Fine of Rs.50,000/- each directed to be paid to injured, with six months' simple imprisonment in default.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 307 and 325 -- Attempt to murder -- Voluntarily causing grievous hurt -- No material suggesting prior planning, preparation or concerted intention on part of accused to cause death of complainant -- Incident occurred suddenly when complainant intervened in ongoing altercation -- Assault arose in heat of moment and as spontaneous reaction rather than pursuant to any pre-conceived intention to eliminate complainant -- Prosecution failed to establish requisite intention or knowledge necessary to attract Section 307 IPC -- Conviction altered from Section 307/34 IPC to Section 325/34 IPC.

(Paras 33 to 38)

B. Indian Penal Code, 1860 (45 of 1860), Section 307 -- Attempt to murder -- Ingredients of offence -- To constitute offence under Section 307 IPC, prosecution must establish both intention or knowledge to commit murder and an overt act towards commission thereof -- Conviction can be sustained only where, had death ensued from such act, offence of murder punishable under Section 302 IPC would have been made out -- Nature of injury not determinative -- Accused cannot be acquitted merely because injuries inflicted were simple in nature, intention or knowledge being the decisive factor.

(Paras 26 and 27)

C. Indian Penal Code, 1860 (45 of 1860), Sections 320 Seventhly, 320 Eighthly and 325, 34 -- Grievous hurt – Common intention -- Injured witness and eyewitness consistently attributed specific roles to accused -- Ocular version corroborated by medical evidence -- Participation of accused in causing injuries proved beyond reasonable doubt -- Fractures in both parietal bones near midline accompanied by neurological complications and prolonged hospitalization -- Conviction under Section 325/34 IPC justified.

(Paras 29, 36, 37)

D. Indian Penal Code, 1860 (45 of 1860), Sections 307 and 300 -- Attempt to murder -- Intention -- Words "such intention" occurring in Section 307 IPC refer to intention contemplated under Section 300 IPC -- Intention to cause death, intention to cause such bodily injury as offender knows to be likely to cause death, or intention to cause bodily injury sufficient in ordinary course of nature to cause death must be established -- In the absence of proof of intention, a conviction under this provision cannot be sustained -- Intention, however, can be inferred from surrounding circumstances, such as the type of weapon employed, the words spoken by the accused at the time of the incident, the motive behind the act, the parts of the body targeted, the nature and extent of the injuries inflicted, as well as the force and manner in which the blows were delivered.

(Paras 31 and 32)

E. Indian Penal Code, 1860 (45 of 1860), Section 307 -- Attempt to murder -- Injury dangerous to life -- Gravity of injury by itself cannot be determinative of offence under Section 307 IPC -- Intention to commit murder cannot be presumed merely because injuries were ultimately opined to be dangerous to life.

(Para 35)

F. Indian Penal Code, 1860 (45 of 1860), Sections 307 and 325 -- Attempt to murder -- Weapons used were ordinary lathis -- Though capable of causing grievous hurt depending upon manner of use, could not in facts of case be regarded as inherently deadly weapons -- No conduct indicative of determined effort to cause death -- Offence held to fall under Section 325 IPC.

(Paras 34 and 38)

G. Indian Penal Code, 1860 (45 of 1860), Section 325 -- Sentence -- Conviction altered from Section 307 IPC to Section 325 IPC -- Accused had undergone substantial period of imprisonment and remained on bail for long period -- Sentence reduced to period already undergone -- Fine of Rs.50,000/- each imposed payable to injured, with six months' simple imprisonment in default.

(Paras 40 to 42)

***

Circumstantial evidence -- Murder -- Last seen together theory, extra-judicial confession and recoveries failed to establish a complete chain of incriminating circumstances linking accused to the murder -- Conviction set aside and accused acquitted.

***

Circumstantial evidence -- Last seen together theory -- Where time gap is large and possibility of intervening circumstances exists, last seen circumstance cannot be treated as an incriminating circumstance against accused.

***

Extra-judicial confession -- Weak piece of evidence -- Exculpatory statement implicating co-accused and made while accused were detained by villagers lacks credibility and cannot form basis of conviction.

***

Recovery of weapon -- Recovery from an open and accessible place without proof of concealment does not satisfy requirements of Section 27.

***

Murder -- Circumstantial evidence -- Motive -- Absence of motive assumes significance where chain of circumstances is not complete and raises a reasonable doubt.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 302 and 34 -- Murder -- Circumstantial evidence -- Last seen together theory, extra-judicial confession and recoveries failed to constitute a complete chain of incriminating circumstances pointing only to guilt of accused -- Conviction set aside and accused acquitted.

(Paras 18 and 20)

B. Evidence Act, 1872 (1 of 1872), Sections 3 and 114 -- Circumstantial evidence -- Last seen together theory -- Proximity between last seen circumstance and death is essential -- Where time gap is large and possibility of intervening circumstances exists, last seen circumstance cannot be treated as an incriminating circumstance against accused.

(Paras 7 to 9)

C. Evidence Act, 1872 (1 of 1872), Sections 24 and 30 -- Extra-judicial confession -- Weak piece of evidence -- Exculpatory statement absolving maker and implicating co-accused is inherently unreliable -- Alleged confession made while accused were detained by villagers under accusation of murder lacked credibility and could not form basis of conviction.

(Paras 10 and 11)

D. Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Recovery of weapon -- Concealment and knowledge of accused are crucial ingredients of discovery under Section 27 -- In absence of any statement regarding concealment, recoveries made from an open and accessible place do not qualify as recoveries under Section 27 -- Recoveries are of no avail.

(Paras 12 to 15)

E. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder -- Circumstantial evidence -- Motive -- Though motive is not imperative where chain of circumstances is so complete as to establish only a hypothesis of guilt, absence of motive assumes significance where prosecution case raises a reasonable doubt.

(Para 17)

***

Bail -- Earlier bail cancelled by Supreme Court -- High Court granted bail without considering earlier cancellation order, CCTV evidence, eyewitness accounts, recovery of country-made pistol and conduct of accused after cancellation of bail -- Bail cancelled.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 439, 82 -- Indian Penal Code, 1860 (45 of 1860), Sections 147, 148, 149, 323, 324, 452, 504, 506 and 307 -- Arms Act, 1959 (54 of 1959), Sections 3, 25 and 27 --  Cancellation of bail -- Earlier bail granted to accused cancelled by Supreme Court -- Accused failed to surrender after cancellation of bail, necessitating issuance of non-bailable warrants and initiation of proceedings under Section 82 CrPC -- High Court subsequently granted bail without adverting to reasons recorded in earlier cancellation order or identifying any changed circumstances -- High Court also failed to consider CCTV evidence, eyewitness accounts and recovery of country-made pistol at instance of accused -- Impugned order held unsustainable and set aside -- Bail cancelled and accused directed to surrender forthwith.

(Paras 23 to 37)

***

Legal aid – Criminal appeal – Amicus curiae -- Legal aid to an accused person must not be a mere ritual or a token formality -- Amicus had no opportunity to interact with appellant lodged in correctional home and appellant was not informed regarding arrangement made for his representation -- Directions regarding effective legal aid not complied with -- Impugned judgment set aside and appeal remanded to High Court for de novo hearing.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 374(2) -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder -- Appeal against conviction -- Appellant remained in custody during pendency of appeal -- High Court appointed amicus curiae in absence of engaged counsel and dismissed appeal within six days of such appointment -- Amicus had no opportunity to interact with appellant lodged in correctional home and appellant was not informed regarding arrangement made for his representation -- Directions regarding effective legal aid and adequate opportunity to amicus not complied with -- Legal aid to an accused person must not be a mere ritual or a token formality, but a substantive and meaningful exercise that ensures effective assistance of counsel -- Impugned judgment set aside and appeal remanded to High Court for de novo hearing.

(Paras 10 to 15)

***

Quashing of FIR -- Criminal proceedings arising from civil property dispute -- Subsequent FIR containing improved allegations held to be abuse of process.

***

A. Code of Criminal Procedure, 1973 (2 of 1974), Sections 154(3), 156(3), 200 and 482 -- Indian Penal Code, 1860 (Act 45 of 1860), Sections 120-B, 420, 465, 467, 468, 471, 384, 504, 506, 511 and 114 – Quashing of proceedings -- Long-standing civil dispute relating to title over immovable property -- FIR lodged after about 8-9 years -- Earlier complaint lodged seven months prior did not contain allegations of extortion or criminal intimidation -- Subsequent FIR lodged introducing allegation of demand of Rs.1.5 crores -- Material improvements in later FIR showing attempt to give criminal colour to civil dispute -- Held, continuation of criminal proceedings would amount to abuse of process of law -- FIR and consequential proceedings liable to be quashed.

(Paras 38 to 40, 52 to 58)

B. Indian Penal Code, 1860 (45 of 1860), Sections 463, 464, 465, 467, 468 and 471 -- Forgery -- False document -- Execution of Power of Attorney by persons claiming share in ancestral property -- No allegation of forged signatures, impersonation or fabrication of document -- Mere claim of title subsequently found unsustainable not amounting to making of a "false document" -- Ingredients of forgery absent -- Offences under Sections 465, 467, 468 and 471 IPC not made out.

(Paras 44 and 45)

C. Indian Penal Code, 1860 (45 of 1860), Section 420 -- Cheating -- Essential ingredients -- Deception, dishonest intention at inception and delivery of property -- No allegation that complainant delivered any property, money or valuable security pursuant to any inducement -- Section 420 IPC not attracted.

(Para 46)

D. Indian Penal Code, 1860 (45 of 1860), Sections 384, 504, 506 and 511 -- Extortion -- Criminal intimidation -- FIR not disclosing date, place or circumstances of alleged demand -- No allegation of delivery of property or money pursuant to threats -- Vague allegations regarding intimidation and insult -- Attempt to extort also not established -- Ingredients of offences absent.

(Paras 47 and 48)

E. Indian Penal Code, 1860 (45 of 1860), Section 120-B -- Criminal conspiracy -- Substantive offences themselves not made out -- Charge of conspiracy cannot survive independently -- Held, offence under Section 120-B IPC also not attracted.

(Para 49)

F. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Criminal antecedents of accused -- Relevance -- Criminal antecedents cannot constitute sole or primary ground to refuse quashing of proceedings -- Court required to examine whether essential ingredients of offences alleged are made out -- Reliance on antecedents by High Court held unsustainable.

(Para 50)

Circumstantial evidence -- Murder -- Death of wife in matrimonial home -- Medical evidence proving strangulation and not suicide -- Missing ornaments, ligature marks and injury on cheek inconsistent with hanging -- False defence through alleged suicide note -- Failure of husband to explain incriminating circumstances within special knowledge -- Conviction upheld.

***

Motive -- Murder -- Once prosecution establishes complete and unbroken chain of circumstances proving guilt of accused, failure to prove motive is not fatal to prosecution case.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 302, 201 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- Complete chain -- Deceased wife found dead inside matrimonial home -- Post-mortem revealing ligature marks around neck, fracture of hyoid bone and trachea and cause of death as asphyxia due to strangulation -- Trial Court and High Court rightly relying upon medical evidence and surrounding circumstances to conclude homicidal death -- Missing left ear-ring, right leg anklet and toe-rings held significant circumstance, as such articles were unlikely to go missing in case of suicidal hanging -- Fresh injury mark on cheek further corroborating prosecution case -- Conduct of accused in taking deceased to another private hospital despite first doctor declaring her dead also found incriminating -- Alleged suicide note not accepted and found to be part of false defence -- Circumstances cumulatively forming complete chain pointing only towards guilt of accused and excluding every hypothesis of innocence -- Conviction under Sections 302 and 201 IPC upheld.

(Paras 16, 18 to 20, 26)

B. Indian Penal Code, 1860 (45 of 1860), Sections 302, 201 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Unnatural death in matrimonial home – Facts within special knowledge -- Burden to explain -- Murder -- Appellant failed to furnish any satisfactory explanation in statement under Section 313 Cr.P.C. regarding circumstances leading to death of deceased -- Failure to discharge burden under Section 106 held to be additional link in chain of circumstances after prosecution established foundational facts.

(Paras 20 to 22)

C. Indian Penal Code, 1860 (45 of 1860), Sections 302, 201 -- Murder -- Circumstantial evidence -- Absence of proof of motive -- Effect -- Once prosecution establishes complete and unbroken chain of circumstances proving guilt of accused, failure to prove motive is not fatal to prosecution case.

(Para 23)

***

Anticipatory bail -- Fraudulent opening of bank account -- Allegation that accused fraudulently opened bank account in complainant’s name using Aadhaar Card and PAN Card without consent -- Prosecution case resting primarily on documentary evidence -- Custodial interrogation held not necessary -- Accused entitled to anticipatory bail.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 --  Indian Penal Code, 1860, Sections 419, 420, 120-B -- Anticipatory bail -- Impersonation and cheating -- Allegation that appellants used complainant’s Aadhaar Card and PAN Card for opening bank account without consent -- Dispute between close relatives and multiple litigations pending between parties -- Prosecution case based mainly on documentary evidence -- Exact role of accused to be determined during trial on appreciation of evidence -- Custodial interrogation not required -- Orders rejecting anticipatory bail set aside -- Appellants directed to be released on anticipatory bail subject to conditions.

(Paras 4-6)

***

FIR against public servants -- Direction for registration of FIR under Section 4 of SC/ST Act without recommendation of administrative enquiry held unsustainable.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 4(2) Proviso and Section 4(3) -- Public servants -- Dereliction of duty -- Direction for registration of FIR -- Sessions Judge directing registration of FIR against Circle Officer and Station House Officer under Section 4 of SC/ST Act without recommendation of administrative enquiry -- Recommendation of administrative enquiry a condition precedent and mandatory safeguard for initiation of penal proceedings against public servants -- Continuation of proceedings in absence of compliance with statutory mandate amounting to abuse of process of law -- Impugned order directing registration of FIR under Section 4 of SC/ST Act set aside qua applicants in exercise of inherent powers under Section 482 Cr.P.C.

(Paras 5 to 10)

***

Quashing of FIR -- Multiple proceedings -- Where FIR and complaint are founded on identical substratum of facts, continuation of parallel proceedings before different fora is impermissible and amounts to abuse of process.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 156(3) -- Indian Penal Code, 1860 (45 of 1860), Sections 469, 505 -- Constitution of India, Articles 20(2) and 21 – Quashing of FIR – Multiple proceedings – Test of sameness – Abuse of process – Where FIR and complaint proceedings arise from the same substratum of facts, continuation of parallel proceedings is impermissible and amounts to abuse of process of law -- It is well settled that there cannot be multiple FIRs in respect of the same occurrence, and splitting of a single transaction by changing the nomenclature of offences is not permissible – Held, the substratum of allegations in the impugned FIR and the earlier complaint before the Ld. CJM, Srinagar, being identical and arising from the same alleged social media activity, continuation of the FIR is unsustainable -- FIR and consequential proceedings quashed.

(Paras 6, 14 to 22)

***

Hostile witness -- Evidence of the hostile witness is admissible, once it gets strengthened with the help of other evidence.

***

Postmortem report -- Evidentiary value -- Postmortem report by itself not substantive evidence -- Requires corroboration by oral evidence of medical expert.

***

Independent witnesses -- Incident alleged to have occurred on public road with vehicular movement and presence of nearby persons -- Failure of prosecution to examine any independent witness assumes significance and renders occurrence doubtful.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 302 and 323 -- Murder -- Conviction -- PW3 turned hostile and contradicted prosecution story -- Other witnesses did not support prosecution case regarding holding of Panchayat about the issue of elopement of the sister of the accused and the deceased. -- No other evidence which could corroborate the factum of holding of Panchayat etc. -- No independent witness examined though incident allegedly occurred on busy public road -- Medical evidence suffered from discrepancies and contradictions -- Held, prosecution failed to prove occurrence, genesis and motive of crime -- Evidence weak and unreliable -- Conviction unsustainable -- Appellant acquitted.

(Paras 5 to 10.4)

B. Indian Evidence Act, 1872 (1 of 1872), Sections 145, 157 and 159 -- Hostile witness -- Admissibility and evidentiary value -- Evidence of hostile witness remains admissible and can be relied upon once corroborated by other reliable evidence.

(Paras 8.3 to 9)

C. Indian Evidence Act, 1872 (1 of 1872) -- Medical evidence -- Postmortem report -- Postmortem report by itself cannot be treated as a piece of substantive evidence -- Medical expert required to satisfactorily explain discrepancies and contradictions appearing in postmortem report -- Failure to explain inconsistencies diminishes evidentiary value of medical evidence.

(Paras 6 to 6.1)

***

Defamation -- Truthful reporting/publication of an FIR cannot be criminalised merely because it affects the reputation of the person named therein.

***

Indian Penal Code, 1860 (45 of 1860), Sections 499, 500 & 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Criminal defamation -- Quashing of complaint -- Publication of news item based on First Information Report (FIR) -- Complaint made to police protected under Eighth and Ninth Exceptions to Section 499 -- Accurate and fair publication of contents of FIR does not constitute defamation -- Joint complaint by two complainants arising from same cause of action maintainable -- Editor not a necessary party where reporter himself authored the impugned publication -- Contents of FIR made to police protected and publication thereof by newspaper also protected -- -- Complaint, summoning order and consequential proceedings quashed.

(Paras 13 to 25)

***

Bail -- illegal immigration, kidnapping and ransom -- Long incarceration, completion of investigation, absence of evidence regarding receipt of ransom amount, and delay in conclusion of trial are relevant considerations for grant of bail.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 308(2), 308(4), 308(5), 140(2), 351(2), 61 – Constitution of India, Article 21 -- Regular Bail -- Allegations of illegal immigration, kidnapping and ransom -- Petitioner alleged to have allured complainants for sending their sons abroad and thereafter victims allegedly kept hostage in Libya -- Petitioner in custody for more than six months -- Investigation complete and nothing remained to be recovered from petitioner -- No material on record to show that ransom amount was demanded or received by petitioner either directly or indirectly -- Co-accused already enlarged on bail -- Trial not likely to conclude in near future -- No likelihood of petitioner tampering with evidence or influencing witnesses -- Right to speedy trial under Article 21 of Constitution of India reiterated -- Bail is rule and jail is exception -- Petitioner ordered to be released on bail subject to conditions.

(Paras 10 to 16)

****
Bail – Murder -- Accused not named in FIR, fails to be identified in test identification parade and prosecution witnesses do not support case regarding his involvement, prolonged incarceration coupled with delay in trial – Bail allowed.

****

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Indian Penal Code, 1860 (45 of 1860), Sections 146, 148, 149, 302, 307, 323, 325, 427, 460 – Regular Bail -- Murder and rioting case -- Allegation that assailants armed with bamboo sticks and steel pipes attacked party guests at farmhouse resulting in death of one person -- Petitioner not named in FIR -- Petitioner not identified in test identification parade -- Material prosecution witnesses failed to support prosecution case -- Clean antecedents and petitioner is in custody for more than one year -- Investigation complete -- Trial not likely to conclude in near future -- No material to show likelihood of tampering with evidence or influencing witnesses -- Right to speedy trial under Article 21 reiterated -- Bail is rule and jail is exception -- Petitioner ordered to be released on bail.

(Paras 10 to 16)

***
NDPS – Bail – Commercial quantity -- Contraband recovered from a common concealed place accessible to several jail inmates and no recovery is effected from conscious possession of accused -- Benefit of bail given.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 37, 18-B, 20, 21-C, 22-C, 28, 29, 30, 61, 85 -- Prisons Act, 1894 (9 of 1894), Section 42, 52-A – NDPS -- Regular bail – Commercial quantity -- Recovery of 5,150 of intoxicating tablets, 98 grams of opium, and 1,170 grams of heroin, along with a mobile phone etc. from common concealed pit inside jail barrack -- Petitioner one amongst 36 inmates lodged in same barrack -- No recovery effected from conscious or exclusive possession of petitioner -- Recovery from common area accessible to all inmates -- Petitioner implicated only on basis of presence in barrack -- Co-accused similarly situated already granted regular bail -- Petitioner in custody since 30.08.2025 -- FSL report regarding recovered mobile phones still awaited -- Rigours of Section 37 NDPS Act held satisfied in light of parity and absence of individual recovery -- Petitioner ordered to be released on regular bail subject to conditions.

(Paras 3 to 8)

***

Regular bail -- Parity -- Murder case -- No specific role of firing attributed to petitioner, alleged only to have accompanied accused persons and remained present at spot -- Co-accused having similar role already granted bail -- Custody of 02 years, 05 months and 23 days -- Not even single prosecution witness examined -- Regular bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 103(1), 3(5), 61(2) -- Indian Penal Code, 1860 (45 of 1860), Sections 302, 34, 120-B -- Arms Act, 1959 (54 of 1959), Sections 25, 27 -- Regular bail -- Murder case -- Petitioner not attributed specific role of firing upon deceased -- Alleged involvement primarily based upon disclosure statement and presence at spot -- Co-accused attributed similar role of conducting recce already enlarged on bail -- Investigation completed and challan presented -- Charges framed but no prosecution witness examined till date -- Petitioner undergone custody of 02 years, 05 months and 23 days -- Further incarceration would serve no useful purpose -- Petitioner ordered to be released on regular bail.
 

(Para 6-10)

***

Arrest of accused -- Direction -- Petitioner sought directions for arrest of accused persons and fair investigation -- Petition disposed of with direction to Senior Superintendent of Police to consider and decide representation within stipulated period in accordance with law.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 91, 191(3), 190, 351(2) -- Indian Penal Code, 1860 (45 of 1860), Sections 315, 148, 149, 506 -- Direction for arrest and fair investigation -- Petition disposed of with direction to SSP to consider and decide representation within four weeks in accordance with law.

(Para 2 & 6)

***

Anticipatory bail -- Abetment of suicide -- Refusal to perform marriage and alleged abusive behaviour, without any positive act of instigation proximate to occurrence, would not prima facie constitute offence of abetment of suicide -- Anticipatory bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 108 -- Anticipatory bail – Abetment of suicide -- Allegation that deceased committed suicide after fiancée refused to marry him and petitioners allegedly abused and threatened him -- Deceased consumed poisonous substance and died after 10 days -- No suicide note or dying declaration on record -- Abusing or refusal to perform marriage is not sufficient to constitute offence of abetment of suicide -- Petitioners granted anticipatory bail.

(Para 7-8)

***

Compromise after conviction – Acquittal -- Parties amicably settled dispute during pendency of revision petition -- High Court set aside conviction and sentence and acquitted petitioners.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Indian Penal Code, 1860 (45 of 1860), Sections 148, 323, 325, 506, 149 -- Compromise after conviction -- Parties amicably settled dispute during pendency of revision petition -- Complainant and State had no objection to compounding of offences -- High Court exercising powers under Section 528 BNSS set aside conviction and sentence and acquitted petitioners, holding that offences were private in nature and continuation of proceedings would defeat ends of justice.

(Paras 7 to 10)

***

Mining Act – Ss. 21 & 22 -- Cognizance on police report impermissible -- Theft of minerals from State land constitutes distinct offence under IPC -- FIR quashed qua Mining Act offences but permitted to continue for offences under Ss. 379 and 120-B IPC.

***

Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), Sections 21 and 22 -- Indian Penal Code, 1860 (45 of 1860), Sections 379 and 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of FIR -- Illegal mining -- Cognizance of offences under Mining Act cannot be taken on police report and requires complaint by authorised officer -- Theft of minor minerals from State land constitutes distinct and independent offence under IPC -- Disputed questions regarding validity of mining lease and correctness of demarcation cannot be examined in proceedings for quashing -- High Court cannot conduct mini-trial or appreciate evidence while exercising inherent jurisdiction -- FIR and proceedings under Mining Act quashed -- Proceedings for offences under Sections 379 and 120-B IPC allowed to continue.

(Paras 14-26)

***

Sanction for prosecution – Even if a public servant has exceeded his powers while discharging his official duties, Section 197 CrPC would come into play.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 197 – Jammu and Kashmir State Ranbir Penal Code, Sections 342, 330, 34 – Sanction for prosecution of public servant – Police excess/ illegal custody – Complainant alleged that police officers including petitioner-SDPO kept him in illegal custody from 10.05.2005 to 01.06.2005 at different police stations and subjected him to third-degree torture causing serious injuries – Not only the acts which have been done by the public servant in exercise of his official duty but even the acts, which a public servant has done in purported exercise of official duty, would be covered under the protective umbrella of Section 197 CrPC, therefore, the test is whether there is a reasonable nexus between act done by public servant and his official duties -- Even if a public servant has exceeded his powers while discharging his official duties, Section 197 CrPC would come into play -- Section 197 CrPC, is a shield to the public servants, who cannot be removed from their services, without the sanction of the Govt. from their false and unwarranted prosecution, without a formal sanction to prosecute -- The idea is to protect them from any kind of harassment, at the hands of unscrupulous elements.

(Paras 15–21)

***

S. 351 BNSS/ S. 313 Cr.P.C. -- Failure to put vital incriminating circumstances including medical evidence of rape, DNA report and forensic evidence to accused -- Trial Court relying upon such material for conviction and award of death sentence -- Serious prejudice caused -- Conviction and sentence set aside -- Matter remanded to Trial Court from stage of recording statements of accused.

***

A. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Ss. 5 and 6 – Indian Penal Code, 1860 (45 of 1860), Section 376-AB and 302 -- Criminal Procedure Code, 1973 (2 of 1974), Section 313 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 351 -- POCSO offence and murder -- DNA report and forensic evidence -- Conviction based partly on DNA evidence matching victim's blood with articles recovered from accused -- Such incriminating material not put to accused during examination under S. 313 -- Reliance thereon held prejudicial.

(Paras 39-46)

B. Criminal Procedure Code, 1973 (2 of 1974), Section 313 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 351 -- Examination of accused -- Must bring to notice of accused each material incriminating circumstance separately and intelligibly -- Omnibus and composite questions reproducing prosecution evidence do not satisfy statutory requirement.

(Paras 35-38, 44)

C. Criminal Procedure Code, 1973 (2 of 1974), Section 313 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 351 -- Circumstances not put to accused -- Resultant prejudice -- Irregularity held curable -- Conviction and sentence set aside -- Matter remanded for fresh examination of accused and decision afresh from that stage.

(Paras 46-47)

A. Indian Penal Code, 1860 (45 of 1860), Section 292, 294 -- Obscene words – Acquittal -- Mere use of the word ‘bastard’, by itself, is not sufficient to arouse prurient interest of a person -- More so, when such words are commonly used in modern era during heated conversations -- Conviction of the appellants for offence punishable u/s 294(b) IPC is not sustainable, set aside.

(Para 20)

B. Indian Penal Code, 1860 (45 of 1860), Section 34, 324, 304 Part II – Common intention – Culpable homicide not amounting to murder -- A-1 charged on the deceased by taking an Aruval in his hand but, when PW-4 intervened, gave two blows to PW-4, which did not result in any grievous injury -- Testimony of PW-4 that A-2 took a log and gave a hard blow on the head of the deceased while uttering that all problems are because of the deceased and it is better that he dies, but this statement is not attributed to A-1 -- Besides, there is no evidence that A-1 exhorted A-2 to strike the deceased -- No reliable evidence to show that A-1 had beaten the deceased after he fell to the ground --  Not be safe to hold that A-1 shared common intention with A-2 to cause such bodily harm to the deceased as is likely to cause his death -- Conviction of A-1 u/s 304 Part II read with Section 34 IPC set aside -- However, conviction of A-1 for causing injury to PW-4 and thereby committing offence punishable under Section 324 IPC is confirmed.

(Para 21)

C. Indian Penal Code, 1860 (45 of 1860), Section 304 Part II – Culpable homicide not amounting to murder -- Section 304 Part II IPC – A-2 took a log and gave a hard blow on the head of the deceased while uttering that all problems are because of the deceased and it is better that he dies – Injury sustained by the deceased discloses fracture of the skull and there were blood clots in the brain -- No evidence that the death had occurred on account of improper treatment – Conviction of A-2 under Section 304 Part II IPC confirmed -- Having regard to the fact that the incident is of the year 2014 and was preceded by an altercation between neighbours, who are close relatives, arising from a boundary dispute, and injury was not caused by using a dangerous weapon, but by a log lying on the spot, and only a solitary blow was inflicted in the heat of the moment – Sentence reduced to 03 years from 05 years R.I.

(Para 21-28)

A. Indian Evidence Act, 1872 (1 of 1872), Section 32 – Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), Section 26 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder – Conviction based on dying declaration – Evidentiary value – Dying declaration recorded by Magistrate in question-answer form after medical certification of fitness –Plea of tutoring by relatives found to be a bald assertion – Though eyewitnesses turned hostile, medical evidence corroborated the dying declaration – Dying declaration found reliable and sufficient to sustain conviction – Concurrent findings of Trial Court and High Court not suffering from manifest error warranting interference – Appeal dismissed.

(Para 6–13)

B. Indian Evidence Act, 1872 (1 of 1872), Section 32 – Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), Section 26 -- Dying declaration -- Generally speaking, these declarations enjoy a special position given the timing and the nature thereof -- This position rests on a philosophical understanding that when a person is about to meet his maker or in other words the oncoming of death and its finality is imminent, considerations which may force a person to speak other than the truth pale into insignificance and what does fall from them would, therefore, be only the truth – It is exception to the rule of hearsay and, if a Court finds it consistent, believable and free of tutoring, can convict the person named therein.

(Para 9)

***

S. 319 Cr.P.C. -- Summoning as additional accused -- Petitioner named from inception with specific role of causing injuries on head with danda, duly corroborated by medical evidence -- Trial Court rightly exercised power u/s 319 -- Revision dismissed.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 319 -- Summoning u/s 319 Cr.P.C. – Challenge to -- Petitioner and his brother have been named from the very beginning -- It has been alleged that brother was carrying a knife, while petitioner and 2/3 other boys came with sticks, batons etc. -- Even a specific role has been assigned to the petitioner that the petitioner was armed with danda (stick) in his hand and they all had attacked the deceased -- Even, the petitioner gave injuries on the head and face of the deceased with a danda (stick) and the said fact also finds corroboration from the medical evidence in the case -- Trial Court rightly ordered the summoning of the petitioner as an additional accused under Section 319 Cr.P.C – Revision petition dismissed.

(Para 7, 8)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Indian Penal Code, 1860 (45 of 1860), Section 302, 148, 149, 201, 452 – Regular bail – Murder -- Material witnesses including the bua of the deceased not supported the prosecution case -- They have not identified the petitioners even when the CCTV footage was put to them during cross-examination -- Whether the remaining evidence available against the petitioners is sufficient to establish their culpability shall be adjudicated upon during the course of the trial -- Petitioners are in custody since 14.06.2024 but only 04 of the 29 prosecution witnesses have been examined so far, trial not likely to be concluded anytime soon – Bail allowed.

(Para 5)

***

Scheduled Caste status -- Conversion to Christianity -- Person openly professing and practising Christianity as Pastor ceases to be member of Scheduled Caste within meaning of Constitution (Scheduled Castes) Order, 1950 -- Statutory protections and benefits under SC/ST Act not available.

***

Scheduled Caste -- Conversion and reconversion -- Mere birth in Scheduled Caste not sufficient once person professes Christianity -- Reconversion claim must be established by proof of bona fide reconversion, complete renunciation of converted faith and acceptance by original caste community.

***

Quashing of proceedings -- SC/ST Act and IPC offences -- High Court justified in exercising jurisdiction under Section 482 Cr.P.C. where foundational requirement of Scheduled Caste status absent and evidence collected during investigation failed to disclose ingredients of offences alleged.

***

A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 -- Constitution of India, Articles 341 and 342 -- Constitution (Scheduled Castes) Order, 1950, Clause 3 -- Scheduled Caste -- Conversion to Christianity -- Applicability of SC/ST Act -- Appellant openly professing and practising Christianity as Pastor for more than ten years -- Clause 3 of Constitution (Scheduled Castes) Order categorically excludes persons professing religions other than Hinduism, Sikhism and Buddhism from Scheduled Caste status -- Upon conversion to Christianity, appellant ceased to be Scheduled Caste in law and could not invoke protections of SC/ST Act.

(Paras 35 to 61)

B. Constitution (Scheduled Castes) Order, 1950, Clause 3 -- Expression “professes” -- Meaning and scope -- “Profess” means open declaration and public practice of religion -- Person publicly preaching and conducting Christian religious services as Pastor clearly professes Christianity -- Irrespective of the appellant’s caste of origin, he cannot be deemed to be a member of a Scheduled Caste.

(Paras 36 to 44)

C. Constitution (Scheduled Castes) Order, 1950, Clause 3 -- Scheduled Caste -- Conversion to Christianity -- Reconversion -- Conditions precedent -- Claimant seeking restoration of Scheduled Caste status must establish original caste status, bona fide reconversion, complete renunciation of converted faith and acceptance by original caste community -- Mere possession of caste certificate insufficient unless in consonance with Constitution (Scheduled Castes) Order, 1950.

(Paras 55, 58)

D. Indian Penal Code, 1860 (45 of 1860), Sections 341, 323, 506 and 34 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r), 3(1)(s), 3(2)(va) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Conversion to Christianity – Applicability of SC/ST Act -- Quashing of proceedings -- Allegations of assault, restraint and intimidation unsupported by independent witnesses -- Statements of material witnesses inconsistent and lacking specific attribution against accused -- Evidence collected during investigation failed to disclose essential ingredients of offences alleged -- Continuation of proceedings held abuse of process -- Appellant ceased to be member of Scheduled Caste -- High Court justified in quashing proceedings under Section 482 Cr.P.C.

(Paras 60 to 69)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Indian Penal Code, 1860 (45 of 1860), Section 302, 148, 149 -- Regular Bail – Murder/ Unlawful assembly -- Petitioner was named more than three months after the murder of the victim -- In cases of group violence, individual roles must be specifically established – Mere presence of the petitioner at the scene of crime and his videography of the occurrence cannot impute the same level of culpability as that of the co-accused who allegedly assaulted and killed the victim -- Allegations though serious one, however, for the purpose of grant of bail, Court is required to test whether the material against the petitioner justifies continued pre-trial incarceration bearing nature of evidence and progress of the trial – In custody since 18.10.2023 -- Chances of conclusion of trial in near future are bleak as no prosecution witness has been examined so far – Bail allowed.

(Para 7)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Indian Penal Code, 1860 (45 of 1860), Section 307, 326 – Attempt to murder – Compromise quashing of FIR – Court may look into the medical evidence and examine the same to see as to whether the conviction u/s 307 of the IPC was possible or not -- Mere registration of an FIR u/s 307 did not foreclose the right of the petitioner/accused to effect a compromise and get the FIR quashed -- An injury which has been “declared dangerous to life” is in fact an injury which is “endangering life” and therefore would be punishable u/s 326 IPC – Therefore, if a conviction was to be recorded, in all probability it would be one u/s 326 IPC and not u/s 307 IPC – FIR and all consequential proceedings arising therefrom quashed.

(Para 7-12)