Digi - Legal Insights

Magistrate rightly framed charge based on prima facie material; once charge is framed, Magistrate must proceed under Section 246 CrPC and is not required to re-investigate. (2013)2 Bom.C.R.(Cri.) 335(S.C.) dis.

Conviction under Section 471 IPC upheld where forged caste certificate was used to secure police employment-Probation denied; however, sentence reduced to three months.

Section 340 CrPC-Filing of false affidavit in maintenance claim justified Trial Courts action in referring matter for prosecution under Section 340 CrPC; no interference warranted.

Conviction under Section 302 IPC upheld where consistent eye-witness testimony and corroborative medical and recovery evidence established guilt of sole appellant

Relief under Sec. 19 denied-Under-construction flat not in possession of either party does not qualify as shared household.

Where prima facie material exists under IPC Sections 120B and 420 read with PC Act, 1988, rejection of discharge application under Section 227 CrPC is proper.

Rejection of discharge application under Section 227 CrPC upheld where sufficient material existed and investigation was valid under Section 17(c) of PC Act.

Accused discharged under Sections 420 and 34 IPC where no material shows involvement in creation of false document or knowledge of defective title; revisional order set aside.

Court cannot issue writ under Article 226 to direct Advocate General or Legislature to enact laws or decide applications; vague and omnibus prayers rejected.

Account freezing order modified to permit withdrawal of Rs. 50 lakhs where credited amount is unrelated to alleged offence and lacks nexus with criminal proceeds.

Conviction under Section 302 IPC upheld where accused used multiple weapons with premeditated intent and child eyewitness account was reliable and corroborated by forensic and CCTV evidence.

Conviction under Sec. 304 Part II proper-Act of setting victim on fire with knowledge of likely fatal consequence does not attract Sec. 300 Clause 4.

Proceedings quashed where allegations are vague, lack specifics of harassment, and appear retaliatory; no offence under Sections 498A or 406 IPC made out.

Premeditated murder-Conviction under Section 302 IPC upheld where murder was intentional, pre-planned, and supported by direct evidence, extra-judicial confession, medical proof, and weapon recovery.

Impugned order of conviction set aside, as prosecution failed to prove that Appellant was responsible for tampering with documents, as evidence indicated that mark-sheet and revaluation notification passed through multiple institutional hands before any alleged forgery was detected.

Reasons given for grant of bail to accused no.11 and reasons given for refusal to grant bail to accused no.20, is fully justified and reasonable.

High Court having rightly appreciated evidence as well as legal position, no any illegality in judgment of acquittal passed by High Court.

Circumstantial evidence-Where prosecution failed to establish complete chain linking accused to murder and recovery evidence was weak and uncorroborated, conviction under Sections 302 and 397 IPC set aside.

Exception 4 to Section 300 IPC not attracted where accused deliberately set wife ablaze in presence of sons; conviction under Section 302 IPC upheld based on eyewitness and dying declarations.

Judgment of conviction passed by Trial Court stands restored, as prosecution proved its case beyond reasonable doubt.