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Indian Penal Code

17481 judgments · newest first · showing 14601–14800

R. VENKATAKRISHNANversusCENTRAL BUREAU OF INVESTIGATION

2009 INSC 1037Disposed off

The case concerned a massive "call money" scam in which Rs 40 crore of National Housing Bank funds were diverted to broker Harshad Mehta’s account through officials of UCO Bank and NHB. The appellants – senior officials of UCO Bank and NHB – were convicted by a Special Court under the Special Court …

MALAY KUMAR GANGULYversusDR. SUKUMAR MUKHERJEE AND OTHERS

2009 INSC 1025Disposed off

The case concerned the death of Anuradha Saha, who was treated for Toxic Epidermal Necrolysis (TEN) by several doctors in Kolkata and Mumbai. The complainant alleged that the doctors prescribed excessive doses of the steroid Depomedrol and failed to provide essential supportive care, constituting …

MIR NAGVI ASKARIversusC. B. I.

2009 INSC 1030Disposed off

The Supreme Court examined the conduct of four bank officers (Accused 1, 2, 4 and 5) and a securities broker (Accused 3) who were alleged to have credited large sums to the broker's account without the corresponding bankers' cheques being in the bank’s possession, thereby causing loss to the bank. …

MOHD. FAROOQ ABDUL GAFUR AND ANOTHERversusSTATE OF MAHARASHTRA

2009 INSC 1019Disposed off

The case involved a gang‑led shoot‑out in Mumbai that resulted in three deaths and several injuries. The accused were charged under the IPC, the Maharashtra Control of Organized Crime Act (MCOCA) and the Arms Act. The trial court convicted six of the eight accused, sentencing three to death, while …

STATE OF MADHYA PRADESHversusSHEETLA SAHAI & ORS.

2009 INSC 997Dismissed

The Supreme Court examined the prosecution of several senior officials, including the former Water Resources Minister of Madhya Pradesh, for alleged criminal conspiracy and misconduct under the Prevention of Corruption Act in connection with the Hasdeo Bango dam project. The respondents were accused …

STATE OF MAHARASHTRAversusSAYED MOHAMMED MASOOD AND ANR.

2009 INSC 998Appeal(s) allowed

The State of Maharashtra appealed against the Bombay High Court’s order quashing a First Information Report (FIR) lodged by an investor who alleged cheating and misappropriation by City Limouzines Ltd. The High Court had held that the dispute was merely a civil matter concerning the interpretation …

STATE OF ANDHRA PRADESHversusS. SWARNALATHA & ORS.

2009 INSC 999Dismissed

The parents of Bal Reddy were murdered in their Hyderabad home on 3 December 1997. The prosecution charged the daughter‑in‑law (Swarnalatha) and five others under sections 120‑B, 302, 392 and 201 IPC, relying mainly on circumstantial evidence, an extra‑judicial confession recorded by the son‑in‑law …

SRI YERNENI RAJA RAMCHANDER @ RAJABABUversusSTATE OF AP. & ORS.

2009 INSC 1014Dismissed

The appellant, a Member of the Legislative Assembly, was accused of obtaining large sums of public money through fabricated medical reimbursement claims. The matter was referred to the Legislature's Ethics Committee, which, after the appellant's apology and partial refund, recommended withdrawal of …

M.M. COOPERATIVE BANK LTD.versusJ.P. BHIMANI & ANR.

2009 INSC 984Dismissed

The Madhavpura Mercantile Cooperative Bank uncovered a large‑scale fraud involving crores of rupees and filed a criminal complaint under several IPC sections against its chairman, managing director, other officers and businessmen, including J.P. Bhimani. The accused was denied bail by the Sessions …

GURIA, SWAYAM SEVI SANSTHANversusSTATE OF U.P. AND ORS.

2009 INSC 985Dismissed

The NGO GURIA, SWAYAM SEVI SANSTHAN rescued over thirty girls from a red‑light area in Varanasi and filed a complaint, leading to charge‑sheets against 23 persons under the Immoral Traffic (Prevention) Act, 1956 and several IPC provisions. The accused applied for bail; the Sessions Judge rejected …

PADMANABANversusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2009 INSC 982Dismissed

The case involved the murder of Rangasamy, a Naidu community member who supplied electricity to the Adi Dravida community for a festival, leading to a violent retaliation by eight accused who formed an unlawful assembly and assaulted him with casuarina sticks, causing fatal head injuries. The trial …

MOHAMMAD YASINversusSTATE (N.C.T. OF DELHI) AND ORS.

2009 INSC 974Dismissed

Mohammad Yasin appealed against the Delhi High Court order that dismissed his petition seeking a CBI investigation and a FIR under s.302 IPC into the death of his brother Yunus (alias Anees) while in police custody. Yunus, a proclaimed offender with a history of multiple criminal cases, was arrested …

KAMALAVVA & ANR.versusSTATE OF KARNATAKA

2009 INSC 963Dismissed

The deceased Shoba was burned to death by her mother‑in‑law and sister‑in‑law. A dying declaration was recorded by a Taluka Executive Magistrate on 9 April 1995 in the presence of a doctor, and the formal FIR was lodged on 12 April 1995. The appellants challenged their conviction under Section 302 …

STATE OF MAHARASHTRAversusDNYANESHWAR LAXMAN RAO WANKHEDE

2009 INSC 964Dismissed

The State of Maharashtra appealed the acquittal of Head Constable Dnyaneswar Laxman Rao Wankhede, who was convicted by a Special Judge for demanding illegal gratification under Section 7(1) of the Prevention of Corruption Act, 1988. The prosecution’s case rested on two panch witnesses; one died …

SUKANTI MOHARANAversusSTATE OF ORISSA

2009 INSC 972Dismissed

The appellant, Sukanti Moharana, was convicted under Section 302 IPC for allegedly pouring kerosene on her sister-in-law and setting her on fire, resulting in extensive burn injuries and death. The conviction was based primarily on a written dying declaration recorded by a doctor and an oral dying …

NAHAR INDUSTRIAL ENTERPRISES LTD.versusHONG KONG & SHANGHAI BANKING CORPORATION

2009 INSC 966Disposed off

Nahar Industrial Enterprises Ltd entered into ISDA derivative contracts with Hong Kong & Shanghai Banking Corp. When disputes arose, Nahar filed a civil suit in Ludhiana seeking a declaration that the contracts were void and an injunction, while the bank filed an application before the Debt Recovery …

RAMESHversusSTATE OF KARNATAKA

2009 INSC 947Appeal(s) allowed

The case involved five accused in the murder of a truck cleaner and the grievous injury of the driver under sections 302 and 307 IPC. No test identification parade (TIP) was conducted and the appellant (Accused No.3) was not named in the FIR. The trial court relied on the driver’s in‑court …

BHASKAR LAL SHARMA & ANR.versusMONICA

2009 INSC 949Appeal(s) allowed

The Supreme Court heard an appeal by Bhaskar Lal Sharma and Vimla Sharma against a Delhi High Court order that quashed a summoning order issued under Sections 498A, 403, 405, 406 and 34 of the IPC. The Court examined the complaint filed by Monica, the wife of Vikas Sharma, and found that the …

MONICAversusSATISH SHARMA & ANR.

2009 INSC 951Dismissed

Monica filed criminal proceedings against her husband Satish Sharma and in‑laws, and sought attachment of a jointly‑owned property in Jaipur under Section 83 of the CrPC. She later moved transfer petitions to shift the revision petition, the execution proceedings, and a Section 482 petition from the …

UNDAVALI NARAYANA RAOversusSTATE OF A.P.

2009 INSC 945Dismissed

Undavalli Narayana Rao was convicted under Section 498A of the IPC for subjecting his wife, Malathi Devi, to cruelty and dowry harassment that allegedly drove her to suicide. The trial court found that the husband and his mother repeatedly demanded property, threatened the wife, and forced her to …

PANTANGI BALARAMA VENKATA GANESHversusSTATE OF AP.

2009 INSC 944Dismissed

The case concerns the murder of MP Magunta Subbarama Reddy, his gunman, and injuries to two witnesses. Accused No.1, Pantangi Balarama Venkata Ganesh, a member of the Peoples War Group, was arrested on the day of the incident with a pistol, cartridges and a pink shirt bearing his blood. …

JAI KUMARversusSTATE OF HARYANA

2009 INSC 928Dismissed

On 9 October 1991, Jai Kumar and co‑accused robbed money and a tractor and threw the victim, Raghbir Singh, into a canal. The victim, who was intoxicated, tried to climb out, was kicked on the face and thrown back into the water, resulting in his death. All accused were convicted under IPC sections …

RAMESH DUTI & ORS.versusSTATE OF PUNJAB & ORS.

2009 INSC 929Appeal(s) allowed

The appellants, members of the managing committee of Shastri Memorial School, obtained a civil decree for possession of a plot of land and later sold a portion of it, after which a First Information Report (FIR) was lodged alleging cheating and offences under Sections 420, 465, 467, 468, 471 and …

KISHAN LALversusDHARMENDRA BAFNA & ANR.

2009 INSC 936Dismissed

Kishan Lal filed a complaint alleging that nine (later ten) accused cheated him of Rs 4.65 crore. An FIR was lodged against all accused, but the charge‑sheet was filed only against Accused 1 and 2, and the Metropolitan Magistrate took cognizance of them. The complainant sought, under Section 173(8) …

SUBODH KUMAR YADAVversusSTATE OF BIHAR & ANR.

2009 INSC 910Dismissed

The appellant, Subodh Kumar Yadav, was charged under Section 498A IPC and other offences. He surrendered before a Judicial Magistrate First Class and was granted bail on the same day, without the complainant’s counsel being heard and after the magistrate called for the case record from the Sessions …

RAJ KUMARversusSTATE OF MAHARASHTRA

2009 INSC 909Dismissed

The husband, Raj Kumar, assaulted his wife with a stone‑rolling pad after she refused to withdraw maintenance proceedings under Section 125 CrPC. The victim died from head injuries; her dying declarations implicated the husband. The trial courts convicted him under Sections 302 and 498A IPC. On …

RAJIV MODIversusSANJAY JAIN & ORS.

2009 INSC 904Appeal(s) allowed

Rajiv Modi filed a private complaint under Section 200 CrPC alleging offences under Sections 406, 420 and 120‑B IPC against Sanjay Jain and others, claiming that a C&F agency agreement was concluded in Patna. The Chief Judicial Magistrate, Patna, took cognizance and issued summons. The respondents …

SAVITRI AGARWAL & ORS.versusSTATE OF MAHARASHTRA & ANR.

2009 INSC 903Disposed off

The appellants, accused of dowry death and related offences under Sections 498A, 304B (IPC) and Sections 3 and 4 (Dowry Prohibition Act), obtained anticipatory bail from an Additional Sessions Judge under Section 438 of the CrPC after the court considered two dying declarations that made no …

MALLAPPA SIDDAPPA ALAKANUR & ORS.versusSTATE OF KARNATAKA

2009 INSC 870Dismissed

The appellants were acquitted by the Sessions Court for murder and related offences under IPC ss. 148, 302, 504 r/w 149. The High Court set aside the acquittal, convicting four of the accused based on the testimony of a child witness (PW‑7) and other corroborative evidence, despite the trial court’s …

STATE OF U.P.versusSAHRUNISSA & ANR.

2009 INSC 872Dismissed

The State of Uttar Pradesh appealed against the acquittal of Shahrunnisa (the mother) and Siraj Khan (the husband) in a case where two young boys were murdered as part of a superstitious ritual. The trial court had convicted all four accused under Sections 302, 307 and 34 of the IPC, but the …

RAJINDER @ RAJUversusSTATE OF H.P.

2009 INSC 873Dismissed

The appellant, Rajinder (Raju), was convicted under IPC sections 366 and 376 for forcibly kidnapping and raping an 18‑year‑old girl after misrepresenting that he would take her to a doctor. The girl testified that he dragged her to a secluded spot, gagged her, untied her clothing and committed …

DALIP KAUR & ORS.versusJAGNAR SINGH & ANR.

2009 INSC 874Appeal(s) allowed

The appellants entered into a sale agreement for agricultural land, received an advance and further payment, but later executed a deed of sale in favour of third parties and returned only part of the advance. The second respondent filed an FIR alleging cheating and criminal breach of trust, and the …

JEEWAN KUMAR RAUT & ANR.versusCENTRAL BUREAU OF INVESTIGATION,

2009 INSC 875Dismissed

The appellants, medical practitioners, were charged under the Indian Penal Code and the Transplantation of Human Organs Act (TOHO) for alleged illegal organ removal. The initial FIR was lodged with the Gurgaon police, but investigation was transferred to the Central Bureau of Investigation (CBI), …

JASWINDER SINGHversusSTATE OF PUNJAB

2009 INSC 877Dismissed

The appellant Jaswinder Singh was convicted for murder and attempt to murder under Sections 302, 307 and 34 of the IPC. He argued that he was not named in the FIR, that no test identification parade (TIP) was held, and that the evidence against him was unreliable. The sole eyewitness, the …

ABIDversusSTATE OF U. P.

2009 INSC 878Dismissed

The appellants, a group of seven men, attacked D-1 and D-2 who had come to harvest a crop on land the appellants claimed to own. Armed with ballams, gadasas and lathis, the accused inflicted multiple fatal injuries, causing the victims to die on the spot. Eye‑witnesses, the victims' son and nephew, …

GANESH GOGOIversusSTATE OF ASSAM

2009 INSC 869Appeal(s) allowed

Ganesh Gogoi was convicted by a Designated Court under Section 3(2)(i) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the 1991 killing of Dinanath Agarwalla and sentenced to life imprisonment. The Supreme Court held that the prosecution offered no direct or material …

JAGRITI DEVIversusSTATE OF H.P.

2009 INSC 863Case Partly allowed

Jagriti Devi was convicted of murder under Section 302 IPC for allegedly killing her co‑wife Shama Devi with a khukri after an altercation. She claimed she acted in private defence after the deceased attacked her with the same weapon, which the deceased had kept under her pillow. The trial court and …

STATE OF U.P.versusNANDU VISHWAKARMA & ORS.

2009 INSC 864Dismissed

The State of Uttar Pradesh prosecuted Nandu Vishwakarma and others for the murder of Dangar Yadav and injuries to two witnesses arising out of a land‑related dispute. The trial court convicted them under Section 302 read with Section 34 and Section 367 read with Section 34 of the Indian Penal Code. …

RAMVIR & ORS.versusSTATE OF U.P.

2009 INSC 866Disposed off

The prosecution alleged that on 17 April 1978, the deceased Yashpal was surrounded by three brothers, Ramvir, Ranpal Singh and Chatar Singh, and Ramvir delivered a fatal knife blow to his chest. The trial court convicted Ramvir under s.302 IPC and the other two brothers under s.302 read with s.34 …

INDRASANversusSTATE OF U.P.

2009 INSC 857Case Partly allowed

The appellant, Indrasan, was convicted of murder for striking the deceased, Jawahar, on the head with a lathi, causing death within an hour. The trial and High Courts upheld the conviction under Section 302 IPC, imposing life imprisonment. On appeal, the Supreme Court examined the eyewitness …

MASAUDDIN AHMEDversusSTATE OF ASSAM

2009 INSC 858Appeal(s) allowed

Masauddin Ahmed was convicted by the Sessions Court and later by the High Court for raping a maid, Mira Begum, under Section 376 IPC. On appeal, the Supreme Court examined the evidence, noting that the doctor who examined the victim stated she was 18 years old, while the prosecution relied on the …

SHAKSON BELTHISSORversusSTATE OF KERALA & ANR.

2009 INSC 862Appeal(s) allowed

Shakson Belthisor appealed against the Kerala High Court’s order refusing to quash the FIR and charge sheet filed under Section 498A IPC for alleged cruelty by the husband. The Supreme Court examined whether the FIR and charge sheet disclosed any of the essential ingredients of cruelty as defined in …

ONGOLE RAVIKANTHversusSTATE OF A.P.

2009 INSC 856Dismissed

The appellant was married to the deceased and, after repeated quarrels, the wife poured kerosene on herself and brought a match. The husband snatched the match and lit it, causing severe burns that led to her death. The trial court convicted him under Section 324 IPC, but the High Court upgraded the …

STATE OF H.P .versusSURESH KUMAR @ DC

2009 INSC 851Appeal(s) allowed

The State of Himachal Pradesh appealed against the Himachal High Court’s acquittal of Suresh Kumar, who had been convicted by the Sessions Court for raping a minor girl and wrongful confinement under IPC sections 376 and 342. The victim, a girl aged between 5 and 12, identified the accused as her …

GOVINDARAJUversusSTATE OF KARNATAKA

2009 INSC 848Dismissed

The appellant Govindaraju was convicted under Section 3048 of the IPC for the death of his wife Susheela, who died from burn injuries within seven years of marriage. The prosecution alleged that the husband and his family demanded dowry, harassed Susheela for non‑payment, and subjected her to …

BHAIRON SINGHversusSTATE OF MADHYA PRADESH

2009 INSC 852Appeal(s) allowed

Bhairon Singh was convicted under Section 498A IPC for cruelty to his wife, based solely on the testimony of the deceased's brothers who recounted her alleged complaints of torture and dowry demands. The wife died accidentally by drowning, and the trial and High Courts acquitted him of dowry death …

MANJU RAM KALITAversusSTATE OF ASSAM

2009 INSC 854Case Partly allowed

Manju Ram Kalita married the complainant in 1992 and a child was born in 1993. The wife left the matrimonial home while pregnant in 1993 and discovered in 1997 that the husband had contracted a second marriage. She filed an FIR under Sections 498A (cruelty) and 494 (bigamy). The trial court, …

DAMMU SREENUversusSTATE OF A.P.

2009 INSC 846Dismissed

The appellant, Dammu Sreenu, had an illicit relationship with the wife of the deceased, Sitra Nagarjuna Rao. After the wife was taken away for counseling, the appellant forcibly removed her from her brother's house and kept her for four days, after which the deceased, feeling humiliated, expressed a …

STATE OF PUNJABversusMANJIT SINGH & ORS.

2009 INSC 847Dismissed

The accused Kamaljit Singh and Manjit Singh, who were in an illicit relationship with Bhinder Kaur, the wife of Sewa Singh, murdered Sewa Singh and his three sons after the family harassed Bhinder Kaur. The trial court sentenced the two accused to death, while the High Court altered the death …

SANICHAR SAHNIversusTHE STATE OF BIHAR

2009 INSC 839Dismissed

Sanichar Sahni was convicted under Section 120‑B IPC for conspiring with his father and brother to murder Bhola Chaudhary. The co‑accused were charged only with murder and related offences, not with conspiracy. The appellant argued that the lack of a conspiracy charge against the co‑accused made his …

DEOMUNI SHARMAversusSTATE OF JHARKHAND

2009 INSC 840Appeal(s) allowed

Deomuni Sharma was convicted by the trial court and the Jharkhand High Court for attempting murder under IPC section 307 read with sections 149, 147 and 148, and for an offence under section 27 of the Arms Act. The Supreme Court examined whether his act of firing a licensed rifle in the air, …

CENTRAL BUREAU OF INVESTIGATIONversusA. RAVISHANKAR PRASAD & ORS

2009 INSC 817Disposed off

The Central Bureau of Investigation (CBI) appealed against the Madras High Court’s order quashing criminal proceedings against A. Ravishankar Prasad and others for alleged conspiracy, forgery and fraud involving Indian Bank. The respondents had settled civil dues of Rs.157 crore, and argued that the …

SURAJ LAMP & INDUSTRIES (P) LTD. THRU. DIRversusSTATE OF HARYANA & ANR.

2009 INSC 818Hearing Adjourned

Suraj Lamp & Industries Ltd. filed a Special Leave Petition challenging a High Court order that held Section 20 of the Right to Information Act, 2005 to be merely directory. The company alleged that its land purchase in Gurugram was effected through a sale agreement, General Power of Attorney and a …

SUBHASH CHANDRA & ORS.versusSTATE OF U.P.

2009 INSC 820Dismissed

The Supreme Court examined the appeal of Subhash Chandra and others, who were convicted under IPC sections 302, 324, 323, 147, 148 read with 149 for the murder of Phool Chand Tiwari and injuries to two others. The appellants argued that the FIR statements conflicted with the injured witnesses' …

CAPT. AMARINDER SINGHversusPRAKASH SINGH BADAL & ORS.

2009 INSC 809Dismissed

The Supreme Court considered two transfer petitions filed under Section 406 of the Code of Criminal Procedure seeking to move a corruption trial of former Punjab Chief Minister Prakash Singh Badal, his relatives and associates out of Punjab. The petitioners alleged that the accused’s political …

BASANTI PRASADversusTHE CHAIRMAN,BIHAR SCHOOL EXAMINATION BOARD AND OTHERS

2009 INSC 813Appeal(s) allowed

The appellant, a widow, sought retirement benefits for her deceased husband who had been an Assistant with the Bihar School Examination Board. He was convicted in 1989 under several IPC sections for tampering with examination marks and was dismissed from service in 1992 on the basis of that …

SUCHA SINGHversusSTATE OF PUNJAB

2009 INSC 806Appeal(s) allowed

The incident occurred on 16 February 1991 when the deceased Sakander and his brothers were allegedly attacked by appellant Sucha Singh and his accomplice Manga. The prosecution relied on the testimony of the first informant, Gurdev Chand, whose FIR and later supplementary statement contained …

KEKI HORMUSJI GHARDA AND ORS.versusMEHERVAN RUSTOM IRANI AND ANR.

2009 INSC 802Appeal(s) allowed

The respondent, a practising advocate, filed a complaint alleging that the construction and tarring of a road by an architect (appellant No.6) at the direction of the managing director and other directors of a company (appellants No.1‑5) caused wrongful restraint to him and his parents in accessing …

SUBRAMANIAMversusSTATE OF TAMIL NADU & ANR.

2009 INSC 805Appeal(s) allowed

The appellant Subramaniam was charged with murder (s.302 IPC), dowry harassment (s.498A IPC) and a dowry prohibition offence (s.4 DP Act) after his wife was found dead in their home. The trial court acquitted him, but the High Court convicted him for murder, relying on the fact that the couple lived …

SANTOSH KUMAR SATISHBHUSHAN BARIYARversusSTATE OF MAHARASHTRA

2009 INSC 808Dismissed

The appellant, Santosh Kumar Satishbhushan Bariyar, was convicted of murder and sentenced to death, while his co‑accused received life imprisonment. The appellant challenged the legality of the Sessions Judge's grant of pardon to the approver (PW‑1) under Sections 306 and 307 of the Code of Criminal …

RAM PAT & ORS.versusSTATE OF HARYANA

2009 INSC 791Dismissed

The appellants purchased an undivided share of a joint family land but did not acquire any specific portion or possession. On the day of the incident the co‑owner Harda Ram and his son were ploughing the field when the appellants, armed with lathis and jallies, entered the land and inflicted fatal …

AHMED HUSSEIN VALI MOHAMMED SAIYED & ANR.versusSTATE OF GUJARAT

2009 INSC 789Dismissed

The Supreme Court upheld the convictions of six accused in a gang‑murder case at Radhika Gymkhana, Ahmedabad, where nine persons were killed on 3 August 1992. The trial court had relied heavily on confessional statements recorded under Section 15 of the TADA Act, along with a dying declaration, …

SARBJIT SINGH & ANR.versusSTATE OF PUNJAB & ANR.

2009 INSC 796Appeal(s) allowed

The appellants were summoned as additional accused in a murder trial under Section 319 of the Criminal Procedure Code (CrPC) solely on the basis of the first informant’s statement. The trial court allowed the application, and the High Court dismissed the appellants’ revision, prompting a criminal …

STATE OF PUNJABversusGURLABH SINGH AND ANOTHER

2009 INSC 790Disposed off

The case concerns the murder of Karanjit Singh on 7 February 1995 when accused Gurlabh Singh, on the instruction of co‑accused Rajesh Narang, fired a .12‑bore DBBL gun after stopping a college bus with a gypsy. The trial court convicted both accused under Section 302 IPC (murder) and, for Narang, …

JAYENDRA VISHNU THAKURversusSTATE OF MAHARAHSTRA AND ANOTHER

2009 INSC 787Appeal(s) allowed

Jayendra Vishnu Thakur was charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the murder of Suresh Narsinh Dube. He was declared a proclaimed offender under Section 82 of the CrPC, later arrested several times, and the prosecution sought to record the testimony of ten …

VALLABHANENI VENKATESHWARA RAOversusSTATE OF A.P.

2009 INSC 755Appeal(s) allowed

The appellants A‑1 to A‑3 were convicted under IPC sections 302, 149, 148 (and 341 for one) based largely on two dying declarations, Ext P‑12 and Ext P‑14. The High Court upheld the convictions of A‑1 to A‑3 while acquitting A‑4 to A‑7, holding that Ext P‑14 was unreliable. On appeal, the Supreme …

K.N. NARENDRANATHversusSTATE OF KARNATAKA

2009 INSC 756Appeal(s) allowed

The appellant, K.N. Naren... (the husband), was convicted for the murder of his wife Kumadavathi, alleged to have been manually strangulated on 5 December 1998. The trial court, and subsequently the Karnataka High Court, relied primarily on a purported extra‑judicial confession recorded by police …

JOYDEEP NEOGI @ BUBAIversusSTATE OF WEST BENGAL

2009 INSC 760Disposed off

The case concerned the murder of a boy who disappeared on 6 November 2001. Four accused were seen at the spot where the child was last seen and were alleged to have misled the search by directing witnesses away from the area and by making a threatening telephone call. The trial court convicted all …

JAVED ALAMversusSTATE OF CHHATTISGARH AND ANR.

2009 INSC 762Disposed off

The case concerns the murder of a college student, Ku Preeti, who was run over by a jeep driven by Samar Vijay Singh on a college campus. The driver (prime accused) and three co‑accused were convicted by the trial court and the High Court; the driver under s.302 IPC and the co‑accused under s.302 …

CHITTARANJAN MIRDHAversusDULAL GHOSH AND ANR.

2009 INSC 763Dismissed

The appellant, Chittaranjan Mirdha, filed a complaint leading to a police FIR and subsequent chargesheet implicating several accused. The Additional Chief Judicial Magistrate took cognizance of the offences and issued warrants, but the appellant later sought further investigation and challenged the …

NINGAPPA YALLAPPA HOSAMANI & ORS.versusSTATE OF KARNATAKA AND ORS.

2009 INSC 764Dismissed

The Supreme Court examined the murder of Namadev, whose body was recovered from a gunny bag after the accused voluntarily disclosed its location. The prosecution relied on circumstantial evidence and statements under Section 27 of the Evidence Act, asserting that the accused who provided the …

ABUTHAGIR AND ORS.versusSTATE REP. BY INSPECTOR OF POLICE, MADURAI

2009 INSC 765Dismissed

The case concerns the murder of Assistant Jailor Jayaprakash near Madurai Central Jail on 29 August 1997. The accused, including Abuthagir, were convicted under IPC sections 302 read with 34, 120B and 148 based largely on the testimony of two eye‑witnesses (PW‑3 and PW‑4) who gave statements after a …

STATE OF U.P.versusATUL SINGH ETC. ETC.

2009 INSC 766Case Partly allowed

The State of Uttar Pradesh prosecuted three accused for the murder of Ajay Kumar. The prosecution relied on the testimony of the victim's father (PW1), an eye‑witness, to secure a conviction of Sanjay Vishwakarma under Section 302 IPC and of Atul Singh and Brij Kishore Singh under Section 302 read …

BALBIR SINGHversusSTATE OF PUNJAB AND ANR.

2009 INSC 768Disposed off

The case arose from FIR No. 43 dated 6 February 2006, registered at Abohar Police Station based on the statement of Balbir Singh. The wife of Gaganjit Singh filed a petition seeking investigation of a cross version she alleged, claiming her husband’s brother was killed by Balbir Singh, and requested …

STATE OF WEST BENGALversusDIPAK HALDER & ANR.

2009 INSC 749Appeal(s) allowed

The deceased, Rimu, was burnt to death in a fire allegedly set by her husband Dipak Halder and his in‑laws after a dowry dispute. The prosecution relied on circumstantial evidence, showing that the husband abused the victim, did not attempt to rescue her, and that there was no evidence of a kerosene …

SASIKUMARversusTHE STATE OF TAMIL NADU

2009 INSC 773Dismissed

The appellant, Sasikumar, was convicted of murder under Section 302 IPC for allegedly setting fire to his wife Menaka, who later died. The conviction was based primarily on Menaka's dying declaration recorded by Judicial Magistrate PW5 in the presence of a duty doctor, who affirmed that she was in a …

STATE OF PUNJABversusATMA SINGH AND ORS.

2009 INSC 774Appeal(s) allowed

The State of Punjab prosecuted Atma Singh and others for an armed assault that killed the wife and son of the complainant and injured three eyewitnesses. The trial court convicted the accused under sections 302, 307, 148, 149 and 324 of the IPC and section 27 of the Arms Act. The Punjab & Haryana …

STATE OF PUNJABversusHARDIAL SINGH AND ORS.

2009 INSC 775Case Partly allowed

The State of Punjab appealed a High Court order that quashed charges against Hardial Singh and others for offences under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the investigation was not carried out by an officer of at least …

STATE OF U.P.versusSHOBHANATH AND ORS.

2009 INSC 782Appeal(s) allowed

The incident occurred on 2 November 1981 when Ram Abhilakh Dubey was attacked and later died, leading to charges against Shobhanath, Triveni Prasad and others under Sections 302 r/w 149, 147 and 148 of the IPC. The trial court convicted the accused and sentenced them to life imprisonment, but the …

SURESH KUMAR SINGHversusSTATE OF U.P.

2009 INSC 707Case Partly allowed

The appellant, Suresh Kumar Singh, was convicted under IPC Sections 3048 (dowry death) and 498A (cruelty) for the death of his wife Asha Devi, who died from burns on 8 December 1993. The marriage date was disputed (1983 or 1987), and the prosecution alleged dowry demands and a prior attempt to burn …

MOHAMMED ISHAQversusS. KAZAM PASHA & ANR.

2009 INSC 709Appeal(s) allowed

The case arose from a violent intrusion by A‑1 and his associates into the house of Mohammed Ishaq, during which household articles were seized and several occupants were assaulted. The trial court convicted A‑1 under IPC sections 148 (unlawful assembly), 392 (robbery) and 452 (house‑trespass) and …

STATE OF H.P.versusNAZAR SINGH AND ANR.

2009 INSC 710

The incident occurred on 30 March 1993 when Lamber Singh was assaulted in his field by Sarwan Singh, who wielded a broken gandasi, and several others armed with lathis, resulting in his death. The accused – Sarwan Singh (deceased), Jagtar Singh (deceased), Nazar Singh and Baldev Singh – were …

PREM SINGH & ORS.versusSTATE OF HARYANA

2009 INSC 712Dismissed

The Supreme Court examined the conviction of two accused under Sections 302 and 149/34 of the Indian Penal Code for the murder of Krishan, while three co‑accused had been acquitted by the High Court. The appellants argued that contradictions in the eyewitness testimonies and the High Court's failure …

C.B.I, NEW DELHI.versusABHISHEK VERMA

2009 INSC 713Dismissed

The Supreme Court examined appeals by the CBI challenging the Delhi High Court’s grant of bail to Abhishek Verma, who was charged under Sections 3 and 9 of the Official Secrets Act, 1923 and Sections 409/109 read with 120‑B of the IPC for allegedly receiving classified defence information via pen …

SUBHASH KUMARversusSTATE OF UTTARAKHAND

2009 INSC 715Dismissed

On 31 January 2000, Subhash Kumar and three others assaulted Surendra Kumar Sehgal with khukris at a college gate, causing multiple injuries. The FIR named Subhash and the three co‑accused as being armed and recorded Subhash's specific act of placing his hand on the victim's shoulder and urging the …

S.V.L.MURTHYversusSTATE REP. BY CBI, HYDERABAD

2009 INSC 734Appeal(s) allowed

The case involved six accused bank officials and businessmen charged with criminal conspiracy, cheating and corruption for allegedly abusing a cheque‑discounting facility of State Bank of India. The Special Judge and the High Court convicted all six under Sections 120‑B and 420 of the IPC and, for …

GURNUNATH DONKAPPA KERI AND ORS.versusSTATE OF KARNATAKA

2009 INSC 735Dismissed

The case arose from a long‑standing boundary dispute between two families in a Karnataka village, which escalated into a violent confrontation that resulted in the deaths of three persons. The prosecution relied on the testimony of three natural witnesses who were relatives of the victims, and on a …

BALDEV SINGHversusSTATE OF PUNJAB

2009 INSC 737Appeal(s) allowed

The appellant, Baldev Singh, was convicted under Section 302 read with Section 120B IPC for the murder of his brother Pritam Singh. The conviction was based mainly on the testimony of a taxi driver (PW‑26) who claimed to have overheard a conspiratorial discussion, and on an alleged extra‑judicial …

DEVENDRA &ORS.versusSTATE OF U.P. & ANR.

2009 INSC 738Appeal(s) allowed

The appeal arose from a civil dispute among co‑sharers over the extent of their shares in a joint family property. Two co‑sharers sold a portion of the property to third parties, prompting the remaining co‑sharer to file a suit for cancellation of the sale deed and a criminal complaint alleging …

HEM SINGH @ HEMUversusSTATE OF HARYANA

2009 INSC 739Appeal(s) allowed

The appellants were accused of a gun‑battle with police in a village, during which a police constable and an alleged dacoit died. The trial court convicted them under Sections 302, 307, 353 read with 34 of the IPC, while the High Court affirmed the conviction. The Supreme Court held that the …

U. SUVETHAversusSTATE BY INSPECTOR OF POLICE AND ANOTHER

2009 INSC 740Appeal(s) allowed

An FIR was lodged against U. Suvetha, describing her as the "girl friend"/"concubine" of the husband of the complainant. Suvetha sought discharge on the ground that the allegation, even if true, did not constitute an offence under Section 498A of the Indian Penal Code (IPC). The Madras High Court …

JALESHWAR SINGHversusSTATE OF BIHAR

2009 INSC 717Case Partly allowed

The case arose from a land dispute that escalated into a violent altercation in which the deceased, Chintamani Singh, was fatally injured. The prosecution alleged that appellant No.1, Jaleshwar Singh, ordered the assault and that appellant No.2 delivered the fatal blow, leading to a conviction under …

SUBHASH SONI & ANR.versusSTATE OF M.P.

2009 INSC 718Dismissed

The appellants Subhash Soni and others were convicted under Sections 302 and 34 of the IPC for murder, primarily on the basis of an oral dying declaration made by the deceased while being taken to hospital. The High Court upheld the conviction despite discarding the testimony of two eye‑witnesses, …

PERLA SOMASEKHARA REDDY AND ORS.versusSTATE OF A.P. REP. BY PUBLIC PROSECUTOR

2009 INSC 719Dismissed

The accused were charged with murder and related offences under the IPC and the Explosive Substances Act. The trial court acquitted them, but the High Court, on appeal by the State, convicted several of the accused under sections 302, 302 r/w 149 and 307, while acquitting them of other charges. The …

STATE OF HIMACHAL PRADESHversusRAKESH KUMAR

2009 INSC 725Case Partly allowed

The State of Himachal Pradesh charged Rakesh Kumar with murder under Section 302 IPC for stabbing the deceased, Sanjiv Sen, in the chest during a party at Yash Pal's house. The trial court convicted Kumar based on the testimony of three natural witnesses present in the room and the recovery of a …

JAKIRversusSTATE OF M.P.

2009 INSC 726Appeal(s) allowed

The appellant Jakir was one of five accused of abduction and rape under IPC sections 366A and 376(2). The trial court convicted three of the accused, including Jakir, sentencing each to ten years, while two absconded. The victim, during her examination‑in‑chief, positively identified two of the …

SHINDHU & ORS.versusSTATE OF KARNATAKA

2009 INSC 727Appeal(s) allowed

The deceased Sharada allegedly committed suicide by jumping into a well due to alleged cruelty by her relatives. Five persons – the father‑in‑law, mother‑in‑law, husband, brother‑in‑law and sister‑in‑law – were charged under Sections 498‑A and 306 IPC read with Section 34. The trial court acquitted …

D. JAYANAversusSTATE OF KARNATAKA

2009 INSC 746Case Partly allowed

The appellant, D. Jayana, was convicted by a trial court of dowry death under Section 304-8 IPC and cruelty under Section 498-A IPC, receiving a life term for the former. The Karnataka High Court upheld both convictions but reduced the sentences to seven years for 304-8 and three years for 498-A, to …

RAJ KUMAR KHURANAversusSTATE OF (NCT OF DELHI) & ANR.

2009 INSC 677Appeal(s) allowed

The appellant claimed that two blank cheques were stolen and reported the loss to his bank. The cheques were later filled and presented for payment, but the bank returned them with the remark that they were reported lost by the drawer. The respondent filed a complaint under Section 138 of the …

SHRISHTI NARAIN JHAversusBINDESHWAR JHA AND ORS.

2009 INSC 678Dismissed

The appellant, Shrishti Narain Jha, alleged that on the night of 5-6 July 1981 a group of 14‑15 dacoits entered his house, assaulted his family, killed his father and stole valuables. The prosecution relied on the informant’s (PW‑7) statement and the testimony of his brothers (PW‑4, PW‑6) who …

VIJAYANversusSADANANDAN K. & ANR.

2009 INSC 680Dismissed

Vijayan was convicted under Section 138 of the Negotiable Instruments Act and sentenced to one year imprisonment with a direction to pay Rs.8.25 lakh as compensation under Section 357(3) of the Code of Criminal Procedure (CrPC), with a default term of six months’ imprisonment for non‑payment. The …

AKBAR SHEIKH & ORS.versusSTATE OF WEST BENGAL

2009 INSC 685Disposed off

The case arose from a night-time mob attack on 16 May 1982 in Bujung, West Bengal, where several persons were killed and many were accused of being part of an unlawful assembly. The trial court convicted twenty persons under Sections 141, 142, 143 and 149 of the Indian Penal Code, despite some …

AKULA VEERA VENKATA SURYA PRAKASH @BABIversusPUBLIC PROSEUCTOR, HIGH COURT OF AP.

2009 INSC 686Appeal(s) allowed

The Supreme Court examined the conviction of accused No.1 (A‑1) under Section 302 IPC for the murder of Abbai Reddy. The Court found that the testimony of the injured eyewitness (PW‑1) was riddled with inconsistencies, including contradictory statements about the location of the incident, the …

HARMANPREET SINGH AHLUWALIA & ORS.versusSTATE OF PUNJAB & ORS

2009 INSC 688Appeal(s) allowed

The appellants, Harmanpreet Singh Ahluwalia and his parents, sought to quash an FIR filed in Jalandhar under IPC sections 406 and 420 alleging dowry demand and criminal breach of trust. The FIR was lodged after the parties had been residing in Canada for several years and the alleged demand was made …

NARENDRAversusSTATE OF KARNATAKA

2009 INSC 689Dismissed

The appellant, Narendra, was charged with murder and cruelty under Sections 302 and 498A IPC for the death of his wife Mythradevi in February 1994. The trial court acquitted him, accepting his alibi that he was away buying milk and finding the prosecution evidence insufficient. On appeal, the …

BAWA RAM & ANR.versusSTATE OF U.T. CHANDIGARH

2009 INSC 690Disposed off

The accused were convicted under Section 302 read with Section 34 of the IPC for allegedly pouring kerosene on the deceased, Nazar Khan, based on two dying declarations. The deceased's father, mother and uncle initially gave statements implicating the accused but later retracted, asserting that the …

BALA BAINE LINGA RAJUversusSTATE OF A.P.

2009 INSC 691Disposed off

The appellant stabbed the husband of PW‑2 with scissors, causing fatal injuries to the lung and heart. The trial court convicted him under IPC s.304 Part I and sentenced him to seven years' imprisonment. The High Court upheld the conviction but released the appellant under the Probation of Offenders …

HARI RAMversusSTATE OF RAJASTHAN & ANR.

2009 INSC 693Appeal(s) allowed

Hari Ram was arrested in 1998 for offences under the IPC and the trial court initially held him to be a juvenile (under 16) and sent the case to the Juvenile Justice Board. The Rajasthan High Court later held he was over 16 and applied the 1986 Juvenile Act, rejecting the claim of juvenility. On …

RANVIR YADAVversusSTATE OF BIHAR

2009 INSC 694Case Partly allowed

The Supreme Court examined the conviction of Ranvir Yadav under Section 302 of the IPC for murder, arising from a 1982 incident on the Ganges. The appellant contended that the trial court failed to put any incriminating material before him during the examination under Section 313 of the CrPC, …

MOTILAL AND ANR.versusSTATE OF RAJASTHAN

2009 INSC 676Disposed off

The case concerned the murder of Gyan Chand on 11 November 1993, for which eight persons were tried and several were convicted under Section 302 read with Section 34 of the IPC. The appellants challenged their convictions on the grounds that the First Information Report (FIR) was ante‑dated, showing …

STATE OF U.P.versusPARAS NATH SINGH

2009 INSC 669Appeal(s) allowed

Paras Nath Singh, a public servant, was convicted by a trial court under IPC sections 409 and 468. The Sessions Judge acquitted him, holding that the sanction for prosecution was not given by an authorized authority, that the charges were improperly framed, and that the examination under Section 313 …

BRAHAM DASSversusSTATE OF H.P.

2009 INSC 698Appeal(s) allowed

The appellant, a bus driver for the Himachal Pradesh Road Transport Corporation, was charged under Sections 279 and 304A of the Indian Penal Code for starting a bus while a passenger was on the roof, leading to the passenger's fatal injuries. The trial court acquitted him, finding no evidence of …

STATE OF RAJASTHANversusPARMENDRA SINGH

2009 INSC 665Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Parmendra Singh, who had been convicted of murder, dowry death and related offences under the IPC based largely on the victim's dying declarations. The Rajasthan High Court set aside the conviction, holding that the dying declarations were unreliable …

STATE OF A.P.versusV.V.PANDURANGA RAO

2009 INSC 667Dismissed

The State of Andhra Pradesh prosecuted V.V. Panduranga Rao for the murder of his wife under IPC s.302, alleging he also attempted suicide. The trial court convicted him, but the High Court acquitted, finding the mother’s testimony unreliable, the telephonic report to police not recorded in writing, …

SHAIKH MAQSOODversusSTATE OF MAHARASHTRA

2009 INSC 668Appeal(s) allowed

Shaikh Maqsood was convicted under Section 302 IPC for allegedly pouring kerosene on his wife and setting her on fire, with the trial and High Courts relying on circumstantial evidence. The appellant appealed, contending that during his examination under Section 313 of the CrPC no question was put …

HIMMAT SUKHADEO WAHURWAGH & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 656Dismissed

The case involved eight accused who were charged with the murder of three members of the Kolhe family in two related incidents. The prosecution relied on the testimony of two child eyewitnesses (aged 11 and 13), a dying declaration, medical reports, and blood‑group matches of recovered weapons. The …

ANKUSH MARUTI SHINDE & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 649Disposed off

The case involved six accused who were charged with dacoity, murder and gang rape of a minor girl and her family members. The trial court convicted all of them under Sections 302, 376(2)(g), 307, 34, 397, 395 and 396 of the IPC and sentenced each to death; the High Court confirmed death for three …

STATE OF A.P.versusE. SATYANARAYANA

2009 INSC 648Dismissed

E. Satyanarayana was charged with murdering his wife and minor son. The trial court convicted him on the basis of an alleged extra‑judicial confession made to the Village Administrative Officer and the recovery of a blood‑stained sickle, sentencing him to life imprisonment. The Andhra Pradesh High …

RANBIR SINGH & ORS.versusSTATE OF HARYANA

2009 INSC 650Case Partly allowed

The appellants, Ranbir Singh and others, were convicted under sections 148, 302, 324, 323 read with s.34 IPC for the death of Balwan and injuries to three others, pleading self‑defence. The Supreme Court examined whether the death occurred in the exercise of the right of private defence and whether …

DAUNA DEVIversusSTATE OF BIHAR

2009 INSC 638Appeal(s) allowed

The appellant Dauna Devi was convicted along with another accused for murder and concealment of body under Sections 302 read with 34 and 201 IPC, based solely on circumstantial evidence that the dead child's body was recovered from a house allegedly belonging to the accused. The prosecution alleged …

TIPPARAM PRABHAKARversusTHE STATE OF ANDHRA PRADESH

2009 INSC 639Appeal(s) allowed

The appellant A2 and two others were charged with murder under Section 302 read with Section 34 of the IPC for the death of Damera Shiva Kumar. The prosecution relied on the "last‑seen" theory, stating that A2 and A3 had taken the deceased on a motorcycle shortly before the body was found, and on …

STATE OF U.P.versusHARI CHAND

2009 INSC 640Appeal(s) allowed

The State of Uttar Pradesh prosecuted Hari Chand and Jautam alias Andhi for murder under IPC s.302, alleging they caught the victim, Mool Chand, and shot him at close range. The trial court convicted them based on the consistent testimony of three eye‑witnesses and corroborating medical evidence of …

GEORGE PON PAULversusKANAGALET & ORS.

2009 INSC 645Disposed off

The appellant was convicted under Sections 326 and 452 of the Indian Penal Code for trespassing into a house and causing grievous hurt with a dangerous weapon. The trial court sentenced him to confinement till the rising of the court and a fine; the Madras High Court enhanced the custodial term to …

AHMED ALI & ORS.versusSTATE OF TRIPURA

2009 INSC 647Case Partly allowed

Four accused were tried for offences under the Indian Penal Code, with the trial court convicting two of them under s.324 r/w s.34 and the other two under s.304(II) r/w s.34. The High Court altered the convictions, sentencing Ahmed Ali and Suraj Ali under s.334 r/w s.34 to one year imprisonment …

STATE OF PUNJABversusNIRMAL KAUR

2009 INSC 631Dismissed

Nirmal Kaur, who operated a coaching centre, was charged under several IPC offences and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The trial court framed charges under the Act, but the High Court quashed them, holding that she was not a public servant. …

TUTUL KUMAR! SENversusSTATE OF JHARKHAND & ANR.

2009 INSC 634Disposed off

The appellant, an informant, lodged an FIR alleging that the respondent had raped her, invoking Sections 376 and 493 of the IPC. The respondent filed an application for discharge under Section 227 of the CrPC, contending that the informant's age was misstated and therefore no offence was made out. …

GURMEJ SINGHversusSTATE OF PUNJAB & ANR.

2009 INSC 627Appeal(s) allowed

The appellant, Gurmej Singh, a police officer who was a deemed witness in a criminal trial, challenged a High Court order directing the State to prosecute him without giving him any notice. The Supreme Court held that such directions violated the principles of natural justice, particularly the rules …

BATAKRUSHNA PARIDAversusSTATE OF ORISSA

2009 INSC 635Dismissed

The case arose from a long-standing rivalry between two hamlets of Saruali village. On 2 November 1982, members of the Parida hamlet, armed with lathis and guns, entered the Dehury hamlet. Batakrushna Parida fired a shot that killed Sahadev Dehury and injured others. The trial court convicted …

MAL SINGHversusSTATE OF M.P.

2009 INSC 636Dismissed

The case concerns the murder of Jogadia and injuries to his wife Thavlibai and son Thakur Singh in Madhya Pradesh. The trial court convicted Mal Singh, Lal Singh and Juansingh under sections 302, 307 and 323 read with section 34 of the IPC, while acquitting Nanki Bai. On appeal, the High Court …

RAMESHBHAI CHANDUBHAI RATHODversusSTATE OF GUJARAT

2009 INSC 615Matter referred to larger bench

The appellant, a watchman, was convicted of kidnapping, rape, robbery and murder of a ten‑year‑old girl based solely on circumstantial evidence and an extra‑judicial confession. The trial court sentenced him to death, a decision affirmed by the High Court. On appeal, the Supreme Court examined …

STATE OF RAJASTHANversusHEMRAJ & ANR.

2009 INSC 616Dismissed

The State of Rajasthan appealed against the acquittal of Hemraj and Kamla (a woman) on charges of gang rape under Section 376(2)(g) IPC. The trial court had convicted Hemraj under Section 342 IPC and held that Kamla could not be convicted under the gang‑rape provision. The High Court affirmed this …

KIRENDER SARKAR AND ORS.versusSTATE OF ASSAM

2009 INSC 618Dismissed

The incident involved a group of armed assailants who entered a school, assaulted a clerk and confined him. A teacher (PW‑1) lodged an FIR naming several accused, but some appellants were not mentioned in the FIR. The accused were convicted under Sections 147, 448 and 323 of the Indian Penal Code. …

STATE OF RAJASTHANversusYUSUF

2009 INSC 619Dismissed

The accused Yusuf was convicted for murder under Section 302 IPC based primarily on the victim Sugra's dying declaration. The Rajasthan High Court acquitted him, holding that the dying declaration contained false statements about pregnancy, marital status, and family members, rendering it …

STATE OF M.P.versusBASODI

2009 INSC 610Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order that reduced the sentence of the accused, Basodi, who had been convicted under Section 376 of the Indian Penal Code for rape. The High Court had lowered the term to the period already served, citing the accused's illiteracy, rural background, …

SRI KISHAN & ORS.versusTHE STATE OF HARYANA

2009 INSC 620Dismissed

The case involved eleven accused who were convicted of offences under Sections 148, 149, 302 (Part II), 325, 324 and 323 of the IPC for forming an armed unlawful assembly that resulted in the death of Habib. The State and the complainant appealed the acquittals on the main charge of murder, while …

MATHURA SINGH & ORS.versusSTATE OF U.P.

2009 INSC 612Disposed off

The appellants were convicted by a trial court for offences under Sections 307 and 323 read with Section 34 of the IPC, which the High Court later altered to Sections 324 and 323 read with Section 34. Both the complainant and the accused filed an application under Section 320 of the Code of Criminal …

KAILASHI BAIversusAARTI ARYA & ANR.

2009 INSC 622Dismissed

The case concerned the alleged abetment of suicide by Kailashi Bai, the wife of a deceased civil judge, under Sections 306 and 107 of the IPC. The prosecution alleged that she harassed her husband because of caste differences, leading to his suicide, and filed a charge sheet. Kailashi Bai filed a …

RAM BABU TIWARIversusSTATE OF M.P. & ANR.

2009 INSC 599Disposed off

Ram Babu Tiwari was arrested along with two others for alleged murder under IPC sections 307 and 34. He obtained bail on 27 May 2008 from the Sessions Court. The State filed an application under CrPC s.439 seeking cancellation of bail, alleging that Tiwari fired the fatal shot, had threatened a …

BIKRAM DORJEEversusSTATE OF WEST BENGAL

2009 INSC 604Case Partly allowed

Bikram Dorjee was convicted under Section 304 (Part I) of the Indian Penal Code for stabbing Santosh Dorjee, who later died. The trial court sentenced him to life imprisonment, a sentence affirmed by the Calcutta High Court. He appealed to the Supreme Court, challenging the quantum of the sentence. …

RAMAN KUMARversusSTATE OF PUNJAB

2009 INSC 605Appeal(s) allowed

Raman Kumar was convicted by the High Court for dowry death under Sections 304B and 498A of the IPC based on the death of his wife Suman Bala, who allegedly died from burns after being allegedly harassed for dowry. The Supreme Court examined whether the prosecution had proved the essential …

RAMESH BHAI & ANR.versusSTATE OF RAJASTHAN

2009 INSC 606Appeal(s) allowed

The appellants, Ramesh Bhai and another, were convicted under IPC sections 302, 120B and 201 for allegedly administering poisonous injections that caused the death of Purshottam Bhai after giving him coffee laced with sleeping pills. The prosecution's case rested solely on circumstantial evidence, …

PREM SINGHversusSTATE (N.C.T) DELHI

2009 INSC 598Appeal(s) allowed

The appellant Prem Singh was charged with shooting Preetam Pyare and his son, leading to the latter's death, under Section 307 IPC and Section 27 of the Arms Act. The trial court convicted him, and the Delhi High Court affirmed the conviction on the basis that the pistol recovered from the appellant …

SANTHANAMversusSTATE OF TAMIL NADU

2009 INSC 607Case Partly allowed

Santhanam and a co‑accused were charged with murder after Santhanam struck a farm‑servant with a wooden log during a dispute over a water pipeline, causing head injuries that led to the victim's death. The trial court convicted Santhanam under Section 302 IPC and sentenced him to death; the High …

RATAN SINGHversusSTATE OF M.P. & ANR.

2009 INSC 608Appeal(s) allowed

The case concerned a petition under Section 482 of the CrPC filed by the accused (respondent No.2) seeking quashing of charges framed under Sections 307, 148, 323 read with 149, 341 and 294 of the IPC. The High Court allowed the petition on the ground that the injuries inflicted were simple and did …

NEPAL SINGHversusSTATE OF HARYANA

2009 INSC 609Appeal(s) allowed

The appellant, Nepal Singh, was charged with dowry demand and cruelty leading to his wife's suicide under Sections 304‑B and 498‑A IPC. The trial court acquitted him, finding no evidence of any dowry demand and granting him the benefit of doubt. The High Court reversed the acquittal and convicted …

RAJA RAM KASHYAP & ORS.versusSTATE OF U.P. & ANR.

2009 INSC 603Disposed off

The appellants and respondents settled their dispute and sought to compound the offences alleged against them under Sections 406 and 420 of the Indian Penal Code. The question before the Supreme Court was whether these offences are compoundable under Section 320(2) of the Code of Criminal Procedure, …

SHARIFF AHMED & ORS.versusSTATE (NCT OF DELHI)

2009 INSC 602Appeal(s) allowed

The Metropolitan Magistrate ordered the investigating officer to add Section 307 of the IPC to the case and to investigate that offence. The High Court upheld this direction, but the Supreme Court held that such a directive interferes with the statutory power of the police to investigate and exceeds …

NAFE SINGHversusSTATE OF HARYANA

2009 INSC 594Case Partly allowed

Three men, including Nafe Singh, attacked a group of farmers over a dispute concerning agricultural land, using weapons such as a ballam, gandasi and lathi. During the assault, Bhanwar Singh was killed and two others were injured. The trial court convicted all three under Sections 302, 323 and 324 …

STATE OF M.P.versusMUNSHI SINGH & ORS.

2009 INSC 593Dismissed

The State of Madhya Pradesh appealed the acquittal of Munshi Singh and others for the murder of Sobran. The trial court had found the testimony of three eye‑witnesses unreliable and, relying on ballistic evidence that contradicted their statements, acquitted the accused. The High Court upheld this …

RAM NARAYANversusSTATE OF U.P.

2009 INSC 587Dismissed

The appellant Ram Narayan and eight others were tried for offences under Sections 147, 148, 302, 307 and 436 read with Section 149 of the Indian Penal Code arising from a three‑stage violent incident. The trial court acquitted all accused, relying on alleged inconsistencies in the FIR, the …

M.A. ANTONY @ ANTAPPANversusSTATE OF KERALA

2009 INSC 588Dismissed

The appellant, M.A. Antony, was convicted of murdering six members of a family in Kerala and sentenced to death, along with other imprisonments, based largely on circumstantial evidence. The prosecution relied on motive, the appellant's presence at the crime scene, forensic evidence such as …

STATE OF HIMACHAL PRADESHversusNARESH KUMAR @ KAKA & ORS.

2009 INSC 590Appeal(s) allowed

The Sessions Judge convicted the accused under IPC sections 302 read with 34 and 323 read with 34, sentencing them to life imprisonment. The Himachal Pradesh High Court later acquitted the accused, concluding that the prosecution’s version was not credible. The State of Himachal Pradesh appealed …

RAMESH KUMAR @ TONIversusSTATE OF HARYANA

2009 INSC 583Disposed off

The appellant, while working in his field, struck Rajinder Pal on the head with a spade after a verbal altercation when the victim entered the field. The victim later died, and the trial court convicted the appellant under Section 302 of the IPC, sentencing him to life imprisonment, a decision …

STATE OF PUNJABversusHARJAGDEV SINGH

2009 INSC 581Disposed off

The State of Punjab prosecuted Harjagdev Singh for the murder of his parents. The accused was arrested, gave a disclosure statement that led to the recovery of the murder weapon, and subsequently made a confession before a Judicial Magistrate under Section 164 of the CrPC admitting his guilt. The …

ANNA REDDY SAMBASIVA REDDY & ORS.versusSTATE OF ANDHRA PRADESH

2009 INSC 573Dismissed

The case arose from a politically motivated clash between two village factions in Chinthalajuturu, Andhra Pradesh, where a group of accused attacked a jeep, killing two persons (D‑1 and D‑2) and injuring several witnesses. The first information report (FIR) was challenged as a fabricated document …

VIJAYKUMARversusSTATE BY INSPECTOR OF POLICE, MADRAS AND ANR.

2009 INSC 565Dismissed

The case concerned an assault with a sword and knife that resulted in the death of Johnson and injuries to others. The trial court acquitted the accused, but the Madras High Court set aside the acquittal, finding the prosecution evidence credible and convicting them under Sections 302, 341, 307 and …

STATE OF MAHARASHTRAversusGUNTABAI @ BHAGIRATHAIBAI & ORS.

2009 INSC 568Appeal(s) allowed

The State of Maharashtra appealed the acquittal of Guntabai @ Bhagirathabai and two others for murder (Sec. 302 IPC) and dowry death (Sec. 498A read with Sec. 34 IPC). The trial court had rejected the victim's dying declaration because no doctor’s certificate confirmed her consciousness, relying on …

STATE OF M.P.versusLAAKHAN @ LAKHAN

2009 INSC 569Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order acquitting Lakhhan, who had been convicted by a trial court for the murder of a nine‑month‑old child under Section 302 read with Section 34 of the IPC. The trial court relied on the testimony of an informant (PW‑1), deeming it cogent and …

SUBHASH CHANDRA SINGHversusDHEEMANT SINGH & ANR.

2009 INSC 562Appeal(s) allowed

The appellant, father of a woman who died unnaturally within seven years of marriage, challenged the Allahabad High Court's order granting bail to the accused husband, who was charged under IPC s.304B. The High Court had granted bail without providing any reasoning, merely stating that s.1138 of the …

STATE OF KARNATAKAversusSHANTAPPA MADIVALAPPA GALAPUJI & ORS.

2009 INSC 563Appeal(s) allowed

Four accused were convicted by a trial court for murder and related offences based largely on the testimony of a nine‑year‑old child witness, the son of the deceased. The Karnataka High Court set aside the conviction, discarding the child’s evidence on the ground that he might have been tutored and …

TOMY AND ANR.versusSTATE OF KERALA AND ANR.

2009 INSC 561Appeal(s) allowed

The appellant Tomy and others were charged with assault causing grievous injuries under IPC sections 447, 324, 326 and 506(ii) read with section 34. The trial court, after evaluating the testimony of the complainant and other witnesses, acquitted the accused, finding the prosecution evidence …

SOHEL MEHABOOB SHAIKHversusSTATE OF MAHARASHTRA

2009 INSC 548Disposed off

The appellant, a husband, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 34 of the Indian Penal Code, while being acquitted of a dowry‑related charge under Section 498A. The prosecution relied on three circumstances: the wife’s unnatural …

SATISH @ DHANNAversusSTATE OF M.P. & ORS.

2009 INSC 549Appeal(s) allowed

Satish @ Dhanna, born on 12‑11‑1980, was convicted under IPC sections 147, 148, 149 and 302 for offences committed when he was under 18 years of age. The appeal questioned whether, after the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force, he could be treated as a …

P. LIAQUAT ALI KHANversusSTATE OF ANDHRA PRADESH

2009 INSC 551Dismissed

The appellant, P. Liaquat Ali Khan, was accused of kidnapping a three‑year‑old girl named Keerthi and demanding a ransom of Rs 1 crore and Rs 75 lakhs, as evidenced by letters (Ex P2 and P3). The child was later recovered from a house after the accused collected the ransom bag from a culvert and was …

KANTI LALversusSTATE OF RAJASTHAN

2009 INSC 554Dismissed

The case concerned the death of Smt. Laxmi, who suffered 90% burn injuries within seven years of marriage. The prosecution alleged that her husband (A-1) and his brother (A-3) harassed and tortured her to extract dowry, leading to her death, and secured convictions under Sections 304B and 498A IPC. …

BHUPENDRA SINGH & ORS.versusSTATE OF U.P.

2009 INSC 536Dismissed

The appellants were members of a large group that attacked the complainant and his relatives with lathis, a gun, and other weapons, resulting in the death of Jugendra Pal Singh and injuries to others. They were convicted under IPC sections 147, 148, 149 and 307. On appeal they argued that the …

VELAYUDA PULAVARversusSTATE BY SUB-INSPECTOR OF POLICE

2009 INSC 539Dismissed

The appellant, Velayuda Pulavar, was tried for the murder of his brother Viswanatha Pulavar and the concealment of the dead body under IPC sections 302 and 201. The prosecution's case rested primarily on an extra‑judicial confession recorded by the Village Administrative Officer (VAO) in the …

STATE OF U. P.versusMANGAL SINGH & ORS.

2009 INSC 540Dismissed

The State alleged that three members of a family were killed when the accused fired gunshots at them while they were traveling in a bullock‑cart. The trial court convicted the accused under Sections 148 and 302 read with Section 149 of the Indian Penal Code. On appeal, the Allahabad High Court …

GAMPARAI HRUDAYARAJUversusSTATE OF AP. THR. PUBLIC PROSECUTOR

2009 INSC 542Appeal(s) allowed

The appellant, Gamparai Hrudayaraju, was convicted under IPC sections 302 and 203 for the death of a woman with whom he had an illicit relationship. The trial court and the Andhra Pradesh High Court upheld the conviction based solely on circumstantial evidence, primarily the testimony of witnesses …

MANZAR SAYEED KHAN & ANR.versusSTATE OF MAHARASHTRA & ANR.

2009 INSC 534Disposed off

Manzar Sayeed Khan, the publisher of the book "Shivaji: Hindu King in Islamic India", and Vinod Hansraj Goyal, the printer, filed criminal miscellaneous petitions seeking clarification of a Supreme Court judgment dated 5 April 2007. The 2007 judgment had directed that the State of Maharashtra not …

STATE OF MADHYA PRADESHversusSHEIKH SHAHID

2009 INSC 491Appeal(s) allowed

The respondent, Sheikh Shahid, was convicted under Section 376 of the Indian Penal Code for rape and sentenced by the trial court to seven years' rigorous imprisonment and a fine. The High Court of Madhya Pradesh reduced his sentence to the six months he had already served, merely on the ground that …

STATE OF A.P.versusARAVAPALLY VENKANNA & ANR.

2009 INSC 492Appeal(s) allowed

The State of Andhra Pradesh appealed a High Court order that quashed an FIR registered under Sections 7(a) and 8(e) of the Andhra Pradesh Prohibition Act, 1995 and Section 109 of the IPC. The Supreme Court examined the scope of the inherent jurisdiction under Section 482 of the Code of Criminal …

SUHELKHAN KHUDYARKHAN & ANR.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 495Disposed off

The appellants, long‑time tenants of a plot, had erected a tin shed and operated a religious bookshop that was recognised by the municipal council. Following a complaint by a private individual, the Sub‑Divisional Magistrate, invoking Section 133 of the Code of Criminal Procedure, ordered the …

SURESH CHANDRA SHARMAversusSTATE OF M.P.

2009 INSC 496Dismissed

The appellant, Sub‑Inspector Suresh Chandra Sharma, was found to have surreptitiously inserted timings into several investigation documents in a murder‑robbery trial, thereby fabricating false evidence. The defence counsel himself witnessed the manipulation but did not report it. The Sessions Court …

V.V.S RAMA SHARMA & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 508Appeal(s) allowed

The appellants, former officers of the Life Insurance Corporation of India, were charged under IPC sections 420 and 409 and Stamp Act sections 64 and 69 for allegedly purchasing insurance stamps from vendors outside Uttar Pradesh, causing a loss to the State. They filed writ petitions seeking …

RAM MARUTHI PAWARversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 501Appeal(s) allowed

The Supreme Court examined the convictions of two accused in a murder case under sections 302 and 149 of the Indian Penal Code. The trial court had convicted A‑12 despite a prosecution concession that there was no evidence against accused Nos.2‑15, and the High Court upheld the conviction of A‑14 …

K. ASHOKAversusN.L. CHANDRASHEKAR & ORS.

2009 INSC 531Appeal(s) allowed

The Director of a housing cooperative society filed a complaint under Section 200 of the CrPC alleging that the society's office bearers had cheated the society by allotting a plot at a price far below market value and making illegal gains, based on a report of the Joint Registrar under the …

MANOJ NARAIN AGRAWALversusSHASHI AGRAWAL

2009 INSC 532Disposed off

The case arose from two FIRs relating to a family dispute over a farm house, leading to charge‑sheets against Manoj Narain Agrawal, Shashi Agrawal, Meenaxi Agrawal and others under various IPC sections. The High Court of Uttarakhand dismissed a criminal miscellaneous application under Section 482 …

STATE OF RAJASTHANversusMOHAN LAL AND ORS.

2009 INSC 509Dismissed

The State of Rajasthan appealed against the acquittal of Mohan Lal and others, who had been convicted for murder under Section 302 read with Section 34 of the Indian Penal Code. The Rajasthan High Court set aside the conviction, holding that the testimony of four alleged eyewitnesses was not …

STATE OF M.P.versusCHUNNILAL @ CHUNNI SINGH

2009 INSC 510Case Partly allowed

A complaint was lodged alleging rape and criminal intimidation under Sections 376 and 506 of the IPC and an offence under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The investigation was carried out by a police officer below the rank of …

STATE OF KERALAversusANILACHANDRAN @ MADHU AND ORS.

2009 INSC 497Dismissed

The State of Kerala appealed the Kerala High Court’s order acquitting five accused of murder and related offences. The trial court had convicted them based on the testimony of two eye‑witnesses, but the High Court set aside those convictions, finding the First Information Report (FIR) incomplete, …

THE STATE OF ANDHRA PRADESHversusVANGAVEETI NAGAIAH

2009 INSC 498Appeal(s) allowed

The State of Andhra Pradesh appealed a High Court order that had quashed an FIR registered against Vangaveeti Nagaiah under Sections 7(A) and 8(e) of the Andhra Pradesh Prohibition Act, 1995 and Section 109 of the IPC. The appeal raised the question of whether the High Court correctly exercised its …

BABAN BANDU PATILversusSTATE OF MAHARASHTRA

2009 INSC 499Case Partly allowed

The appellant Saban Bandu Patil and six co‑accused were tried for the death of Vithoba and injuries to others arising from a family dispute that escalated into a violent altercation. The trial court convicted three of the accused under Sections 302 and 324 read with Section 34 IPC, while acquitting …

STATE OF ORISSAversusPRAMOD KR. KODAMSINGH & ORS.

2009 INSC 521Appeal(s) allowed

The State of Orissa prosecuted thirteen accused under IPC sections 302, 149, 148, 326 and Explosives Act section 9. The trial court convicted them, relying on a dying declaration of the deceased and the testimony of injured eye‑witnesses, as well as forensic evidence of bomb residues. The Orissa …

STATE OF A.P.versusP. KHAJA HUSSAIN

2009 INSC 524Dismissed

The State of Andhra Pradesh prosecuted P. Khaja Hussain for murder under Section 302 of the IPC, alleging he poured kerosene on his wife and set her on fire. The trial court convicted him based on two dying declarations—one recorded by a magistrate and another by a police constable an hour later. …

MAHTAB SINGH & ANR.versusSTATE OF U.P.

2009 INSC 482Appeal(s) allowed

The accused Mahtab Singh and his son were acquitted by the trial court of murder under s.302 r/w s.34 IPC and of an offence under the Arms Act, on the ground that the prosecution failed to prove its case beyond reasonable doubt. The High Court reversed the acquittal, relying on the testimony of two …

AKHTAR & ORS.versusSTATE OF UTTARANCHAL

2009 INSC 471Dismissed

The appellants Akhtar and others were charged under Sections 148, 149, 302, 307 and 324 of the IPC for a daylight assault on a disputed piece of land that resulted in two deaths and two injuries. The trial court acquitted them, but the High Court convicted the surviving five accused on the basis of …

SUCHAND BOURIversusSTATE OF WEST BENGAL

2009 INSC 474Dismissed

The appellant, Suchand Bouri, was convicted of murder for delivering a knife blow to the chest of Sarbeswar, a village watchman, during a dispute over land boundaries. The prosecution proved that the blow was inflicted with considerable force using a deadly weapon, targeting a vital organ, and …

POSURAM DESHMUKHversusSTATE OF CHHATTISGARH

2009 INSC 475Appeal(s) allowed

The appellant Posuram Deshmukh (Posu) and a co‑accused attacked Hiralal, who was blocking a watercourse, with a chatwar and a lathi during an altercation over water rights. Hiralal sustained fatal injuries and died en route to the hospital. The trial court convicted Posu under Section 302 read with …

RUMI DHARversusSTATE OF WEST BENGAL & ANR.

2009 INSC 460Dismissed

Rumi Dhar and her husband, along with several bank officials, were charged under Sections 120‑B, 420, 467, 468 and 471 IPC for conspiring to defraud a bank. The bank recovered the loan amount through a settlement before the Debt Recovery Tribunal, and the accused paid Rs. 25.51 lakh. Rumi Dhar filed …

HIRA LAL & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 461Appeal(s) allowed

The appellants and respondent No.3 were co‑sharers of land and disputed the validity of a registered will. A civil court had found the will genuine, but respondent No.3 filed a criminal complaint alleging forgery under IPC sections 420, 462, 467, 468 and 471, which the magistrate dismissed. He later …

SATYAPALversusSTATE OF HARYANA

2009 INSC 462Dismissed

The appellant Satyapal was convicted under Section 376 of the Indian Penal Code for raping an 11‑year‑old girl. The girl and her aunt testified that the appellant forcibly lifted the child, gagged her and attempted sexual intercourse, after which the appellant fled upon hearing the aunt's voice. The …

RAJENDRA & ANR.versusSTATE OF U.P.

2009 INSC 458Dismissed

The appellants Rajendra and another were convicted under Sections 302 and 34 IPC for the murder of a goldsmith who was allegedly thrown into a well. The prosecution relied on the FIR, the testimony of a minor eye‑witness (the victim’s son) and partial statements of witnesses who were later declared …

STATE OF MADHYA PRADESHversusRAMESHWAR & ORS.

2009 INSC 456Disposed off

The State of Madhya Pradesh prosecuted directors of Indore Premier Co-operative Bank for allegedly sanctioning loans without proper verification, invoking Sections 409, 418, 420, 120‑B IPC and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The Trial Court framed charges, …

RAZAK JINNESAB KARAJAGI & ORS.versusSTATE OF KARNATAKA

2009 INSC 446Case Partly allowed

The case involved four accused (A‑1 to A‑4) charged with murder under Section 302 read with Section 34 of the IPC, along with offences under Sections 201/34 and 506 IPC. The prosecution relied on a motive stemming from a land dispute, the testimony of two eye‑witnesses (PW‑1 and PW‑2) who were …

SATISH KUMAR BATRA & ORS.versusSTATE OF HARYANA

2009 INSC 448Disposed off

The wife, Santosh Kumari, alleged that her husband Satish Kumar Batra and his relatives subjected her to dowry demands and cruelty, leading to physical assaults and attempts to force her to commit suicide. An FIR was filed under Sections 498A and 406 IPC, and the trial court convicted all accused, …

STATE OF RAJASTHANversusCHAMPA LAL

2009 INSC 449Appeal(s) allowed

The appellant State of Rajasthan prosecuted Champar Lal for murder under Section 302 IPC, relying primarily on the victim's dying declaration recorded by a police officer in the presence of a doctor. The trial court convicted based on that declaration, but the Rajasthan High Court acquitted, holding …