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The Supreme Court upheld the appellant’s conviction for murder and cruelty, holding that the death was homicidal hanging after assault and not suicide.
The Supreme Court reversed convictions in a circumstantial murder case, holding that last seen evidence was too remote, the alleged confession was unreliable, and recoveries were not clinching.
The Supreme Court upheld a Will in favour of the testator’s sister, holding that the attesting witness proved execution and exclusion of natural heirs alone is not suspicious.
The Supreme Court allowed the appeal, found the prosecution case unreliable, set aside the conviction, and acquitted Talari Naresh.
The High Court erred in dismissing the Section 319 CrPC application; on the material on record — the informant's deposition, the minor daughter's deposition and Section 161 statements of the deceased (which fall within Section 32(1) Evidence Act) — there is prima facie, cogent material indicating involvement of the proposed additional accused, and the objections raised by respondents (omission from FIR, lack of magistrate presence or medical certification, alleged tutoring and inconsistencies) are premature and cannot be decided at the summoning stage, therefore the trial court and High Court…
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The Court held that Ex.D-15 (09.11.1956) and Ex.D-16 (14.09.1967), being duly proved registered release deeds supported by consideration and corroborated by subsequent conduct, validly severed plaintiff no.2 and defendant no.3 from the coparcenary; that the unregistered palupatti (Ex.D-17 with Ex.D-17(a)) is admissible for collateral purposes to prove severance of joint status as from 11.02.1972 and to explain subsequent separate possession and enjoyment; and on that basis the partitionable pool is Schedule A and items 1–16 of Schedule C, with shares fixed (plaintiff no.1 8/21, defendant no.5…
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The High Court erred in finding the sale was not for legal necessity and that the purchaser was not bona fide; the purchaser produced evidence (agreement, money receipts signed by coparceners and the Karta's daughter, mutation and revenue records) establishing a nexus between the sale and marriage expenses, thereby discharging the onus under Section 106, Evidence Act, 1872; consequently the sale was for legal necessity, binding on coparceners, and the Trial Court's dismissal of the suit was upheld.
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The Court applied the foundational-facts rule: prosecution proved foundational facts connecting Narendrabhai Dhirajlal Kacha to the seized ephedrine (he was found in conscious possession of 55 boxes totaling 1364 kgs), so Section 54 and related presumptions could be invoked as to him and his conviction under Sections 25A and 29 was affirmed (sentence reduced to time already undergone). The prosecution failed to establish foundational facts connecting the other co-accused to the seizure; the alleged confessional statement of Kacha (not recorded under Section 67) had no independent evidentiary…
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An appellate court, before admitting additional evidence under Order XLI Rule 27(1) CPC, must first consider whether the party seeking to lead that evidence has pleaded a case which justifies the evidence; failure to undertake this examination renders admission of such evidence erroneous and requires re-consideration by the High Court.
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The High Court rightly quashed the FIR because the record did not disclose a proximate prior act or sufficient mens rea by the accused to constitute abetment under Section 306 IPC; the suicide note contained allegations not earlier made and was suspect given delay in production and absence of handwriting verification, and there was insufficient material to proceed to trial.
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