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Indian Penal Code

17481 judgments · newest first · showing 15001–15200

BABASAHEB APPARAO PATILversusSTATE OF MAHARASHTRA

2008 INSC 1363Dismissed

The appellant, Babasaheb Apparao Patil, was convicted along with three others for murder under Section 302 read with Section 34 of the IPC. The prosecution's case rested primarily on the testimony of two eye‑witnesses, PW‑10 and PW‑11, whose statements contained minor contradictions and an alleged …

SAMSUDDHIN SHEIKHversusSTATE OF GOA

2008 INSC 1350Case Partly allowed

Samsuddhin Sheikh and co-accused, pickpockets, stabbed Shashikant Kawade after a verbal altercation that escalated into a sudden fight. The deceased died on the way to the hospital. The trial court convicted them under Section 302 read with Section 34 IPC (murder) and the High Court affirmed. On …

THANGA PRAKASHversusSTATE OF KARNATAKA

2008 INSC 1351Disposed off

The Supreme Court examined a criminal appeal filed by accused A1 (Thanga Prakash) against the Karnataka High Court’s order disposing of the appeal without addressing contradictory findings in the trial court’s judgment. The trial court had inconsistently held that some accused were acquitted while …

N.H. MUHAMMED AFRASversusSTATE OF KERALA

2008 INSC 1340Appeal(s) allowed

The appellants Ashraf and Afras were convicted for murder under Section 302 read with Section 34 of the IPC based primarily on the testimony of PW1, who claimed to have seen the accused stabbing the victim. The Supreme Court noted serious contradictions between the statements of PW4 (police …

A. YADHAVversusSTATE OF KARNATAKA

2008 INSC 1341Dismissed

The appellant, A. Yadav (Accused No.2), was acquitted by the trial court of charges under Sections 302 and 394 IPC, while Accused No.1 was convicted. The State appealed, and the Karnataka High Court set aside the acquittal, relying on circumstantial evidence such as the appellant’s acquaintance with …

M. VISWANATHANversusM/S. S.K. TILES & POTTERIES P. LTD. & ORS.

2008 INSC 1342Appeal(s) allowed

M. Viswanathan filed a criminal complaint alleging theft of documents, forgery, and intimidation by S.K. Tiles & Potteries Ltd. and others, leading to charges under IPC sections 379, 468, 471, 420 and 506(ii). The respondents sought quashing of the proceedings under Section 482 of the CrPC, arguing …

STATE REP. BY INSPECTOR OF POLICE, TAMIL NADUversusRAJENDRAN & ORS.

2008 INSC 1344Appeal(s) allowed

Four accused (A‑1 to A‑4) attacked the deceased with an aruval and metal‑tipped sticks, causing his death. The incident was witnessed by PW‑1 and PW‑3, whose eye‑witness testimony was accepted by the trial court, which convicted the accused under Section 302 of the IPC and Section 25 of the Arms …

MANOJ RAMESH MEHTAversusSTATE OF MAHARASHTRA

2008 INSC 1338Dismissed

Manoj Ramesh Mehta, accused No. 42 in the Telgi stamp counterfeiting case, was charged under IPC sections 120(8), 255, 34, 109 and MCOCA sections 3(1)(ii), 3(2), 3(5) and 4. He applied for bail, arguing that his role was limited to legitimate business transactions and was merely peripheral. The High …

MANGAL SINGH & ANR.versusKISHAN SINGH & ORS.

2008 INSC 1334Case Partly allowed

The case arose from an assault on Omkar Lal, who was attacked with pharsas and lathis by three accused. The trial court convicted all three under Section 307 IPC (attempt to murder) and sentenced them to five years’ rigorous imprisonment and a fine. The High Court acquitted one accused, altered the …

KILARI MALAKONDIAAH @ MALAYADRI & ORS.versusSTATE OF ANDHRA PRADESH

2008 INSC 1335Dismissed

The appellants, members of a political faction, assaulted the deceased with deadly weapons, causing his death, and injured three other persons. They were convicted under Sections 302 read with 34 and 307 read with 34 of the Indian Penal Code. On appeal they argued that the father of the deceased was …

MD. RAFIQUE @ CHACHUversusSTATE OF WEST BENGAL

2008 INSC 1336Dismissed

The appellant, MD Rafique, was charged with murder (Sec. 302 IPC) and voluntarily causing hurt (Sec. 398 IPC) for shooting the shop owner and assaulting his sons. The trial court convicted him on both counts; the Calcutta High Court upheld the murder conviction but set aside the 398 conviction. On …

BALIRAM S/O IRRAPPA KAMBLEversusSTATE OF MAHARASHTRA

2008 INSC 1327Dismissed

Baliram, a Minimum Wages Inspector, demanded Rs 100 from Shivaji Padwal for dropping an action for not maintaining a service register. Padwal complained, and a trap was arranged using currency notes treated with anthracene powder and two independent witnesses. The treated notes were offered, …

STATE OF TAMIL NADUversusKARUPPASAMY

2008 INSC 1330Appeal(s) allowed

The husband allegedly poured kerosene on his wife Kamalam, causing severe burns; she was taken to hospital where she gave a dying declaration implicating him. The trial court convicted the husband under Section 302 IPC based on the dying declaration, medical officer's report, and oral testimonies of …

MOORTHYversusSTATE OF TAMIL NADU

2008 INSC 1317Dismissed

The case arose from a land dispute in which the deceased, Murugan, was stabbed multiple times by accused Rathinam and Moorthy in a government hospital, sustaining twenty incised injuries that caused his death. Moorthy, the appellant, gave a statement under Section 313 of the CrPC claiming …

VITHAL PUNDALIK ZENDGEversusST ATE OF MAHARASHTRA

2008 INSC 1325Dismissed

The appellant Vithal Pundalik Zendge and eight others were convicted of murder under IPC s.302 read with s.149 for the killing of the appellant's brother. The conviction was based primarily on the testimony of a single eyewitness, PW‑1, who was the sister of the deceased. The appellant challenged …

RADHEY SHYAMversusSTATE OF U.P.

2008 INSC 1309Dismissed

In 1978, landlord Ganga Prasad and his son Radhey Shyam allegedly threw acid on their tenant Badlu Ram, causing multiple burns. The trial court convicted the son under Section 326 of the Indian Penal Code, sentencing him to four years' rigorous imprisonment, while the father was acquitted; the High …

MOHMED AMIN @ AMIN CHOTELI RAHIM MIYAN SHAIKH & ANR.versusC.B.I THROUGH ITS DIRECTOR

2008 INSC 1313Dismissed

The Supreme Court examined the validity of confessions recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) in a murder‑conspiracy case. The appellants argued that their confessions were involuntary, obtained while in police custody, and later retracted, …

HANUMAN PRASAD AND ORS.versusSTATE OF RAJASTHAN

2008 INSC 1315Appeal(s) allowed

The State of Rajasthan prosecuted eight accused for the rape of a school‑going girl, alleging that the accused had repeatedly abducted and assaulted her. While three of the accused were convicted at trial, the remaining five, including Hanuman Prasad, were acquitted. On appeal, the Rajasthan High …

NATIONAL SMALL INDUSTRIES CORPORATION LTD.versusSTATE (NCT OF DELHI) & ORS.

2008 INSC 1308Appeal(s) allowed

The National Small Industries Corporation Ltd. (NSIC), a government company, lodged a complaint under the Negotiable Instruments Act alleging that a cheque drawn in its favour was dishonoured. The complaint was filed by NSIC’s Development Officer, who is a public servant, and the Magistrate, relying …

A. MAHARAJAversusSTATE OF TAMIL NADU

2008 INSC 1300Case Partly allowed

The deceased, Alagu Ambalam, was cutting trees when his son (the accused) confronted him over a land dispute. A verbal altercation escalated into a sudden fight during which the accused snatched the deceased’s aruval (machete) and struck him on the neck and shoulder, causing death. The trial court …

STATE OF U.P.versusILYAS

2008 INSC 1293Case Partly allowed

The State of Uttar Pradesh prosecuted Ilyas and a co-accused for robbery committed with a country-made pistol and knife, during which injuries were inflicted on victims. The trial court, relying on three eye‑witnesses and a test identification parade, convicted both under Section 397 of the Indian …

DASARI PEDA GONDIYYAversusSTATION HOUSE OFFICER, JANGREDDYGUDEM

2008 INSC 1294Dismissed

The appellant, who kept the deceased as his mistress, allegedly poured kerosene on her and set her alight, causing fatal burns. The prosecution relied on three dying declarations recorded by the deceased’s mother, a Mandal Revenue Officer and a Sub‑Inspector of Police, all of which consistently …

RAGHBIR SINGH AND ORS.versusSTATE OF HARYANA

2008 INSC 1296Disposed off

The appellants and a co‑accused were charged with offences including murder (s.302 IPC) arising from a violent dispute in which the deceased was attacked with lathis. The accused claimed they acted in private defence, asserting that the victim and his brother had assaulted them first. The Supreme …

SHYAM BABU & ORS.versusSTATE OF HARYANA

2008 INSC 1283Dismissed

The case involves the kidnapping of a four‑year‑old boy by five accused persons in the presence of his mother, who was overpowered, injured and later identified the perpetrators and the white Maruti van used. The prosecution proved the existence of a ransom note threatening the child's life, and …

MAHMOOD RAJASA SAIYEDversusSTATE OF GUJARAT

2008 INSC 1284Dismissed

Mahmud Rajasa Saiyed was arrested in a POTA case for alleged offences under the IPC, Arms Act and POTA, and was found in possession of a country‑made revolver, a foreign‑made pistol and ten live cartridges recovered from a co‑accused. He applied for bail under Sections 49(6) and 49(7) of the …

GULAM MOHD. @ GULAL SHAIKHversusSTATE OF GUJARAT

2008 INSC 1285Dismissed

Gulam Mohd (Gulal Shaikh) was charged under several IPC, POTA and Arms Act provisions for alleged terrorist activities. He claimed that a confession recorded under Section 32 of the Prevention of Terrorism Act, 2002 was obtained while he was in illegal custody and later retracted it. He applied for …

STATE OF HIMACHAL PRADESHversusPREM SINGH

2008 INSC 1287Case Partly allowed

The accused, a school teacher, was alleged to have sexually assaulted a student (PW‑1) and outraged the modesty of several other girls, and also threatened the victim. The trial court convicted him under IPC sections 376, 354 and 506. The High Court set aside the conviction, acquitting him on the …

STATE OF PUNJABversusCHATINDER PAL SINGH & ORS.

2008 INSC 1289Dismissed

The State of Punjab charged four accused with rape, kidnapping and related offences under IPC sections 376, 366, 363 and 308, relying primarily on two dying declarations of the victim, Kumari Poonam, and the statements of her brother and friend. Both eye‑witnesses later withdrew their earlier …

M.A. RUMUGAMversusKITTU @ KIRSHNAMOORTHY

2008 INSC 1264Dismissed

The appellant, a landowner, alleged that nine coconut trees on his property were damaged on the advice of the respondent and filed a police complaint naming the respondent as a doubtful person. The police investigation was closed after six months under Section 167(5) of the CrPC. The respondent then …

VIRENDER CHAUDHARYversusBHARAT PETROLEUM CORPORATION &ORS.

2008 INSC 1270Appeal(s) allowed

The case concerned the grant of an LPG distributorship by Bharat Petroleum Corporation (BPC). An advertisement invited applications, disqualifying persons convicted of offences involving moral turpitude or those against whom charges had been framed. Respondent No.5 was selected but his empanelment …

STATE OF M.P.versusSUGHAR SINGH. & ORS.

2008 INSC 1256Case Partly allowed

The State of Madhya Pradesh prosecuted Sugharsingh and others for attacking two men guarding their crops to prevent cattle from being taken to a pond, resulting in one death and injuries to the other. The trial court convicted the accused under Sections 302 read with 149, 324 read with 149, 148 and …

HARDEEP SINGHversusSTATE OF PUNJAB & ORS.

2008 INSC 1271Matter referred to larger bench

The case arose from a violent incident in Patiala where several persons were charged under the IPC and Arms Act. Two of the accused, Vijay Preet Singh and Jagtar Singh, were initially discharged based on a police inquiry report that they were falsely implicated. During trial, prosecution witnesses …

STATE OF U.P.versusMANOJ KUMAR PANDEY

2008 INSC 1257Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Manoj Kumar Pandey, who was charged under IPC sections 376 (rape) and 323 (voluntarily causing hurt). The trial court had acquitted him on the basis that the victim, being over 16 years old, was presumed to have consented, and the High Court …

RAGHAVENDRA SHARMAversusSTATE OF M.P.

2008 INSC 1259Dismissed

The appellant, Raghavendra Sharma, was convicted of murdering his wife Maya by suffocation. The trial court, relying on a post‑mortem report that showed asphyxia, swelling of the chest, and absence of food particles in the airway, found the death homicidal and rejected the defense expert’s claim of …

STATE OF PUNJABversusSUKHCHAIN SINGH & ANR.

2008 INSC 1260Dismissed

The State of Punjab appealed the trial court’s acquittal of Sukhchain Singh and others for murder and related offences, while an accused (Paramjit Singh) appealed his conviction. The Supreme Court examined the scope of appellate power under Section 378 of the Code of Criminal Procedure, 1973, which …

STATE OF HARYANAversusKRISHAN

2008 INSC 1280Dismissed

The appellant Krishan was convicted by a trial court for murder (IPC s.302) after allegedly delivering a lathi blow that caused the death of Chandgi Ram. The High Court acquitted him, holding that the FIR was lodged after an unreasonable delay and that the ocular evidence conflicted with the medical …

M/S. EICHER TRACTOR LTD. AND ORS.versusHARIHAR SINGH AND ANR.

2008 INSC 1268Dismissed

Eicher Tractor Ltd. and others filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint filed by Harihar Singh under IPC sections 420, 468 and 471, alleging forgery. The petitioners argued that the complaint was a retaliatory "counter‑blast" to an …

MD. SHAKEELversusSTATE POLICE THROUGH P.S. HANMAKONDA & ANR.

2008 INSC 1254Disposed off

MD Shakeel was convicted under IPC sections 304‑B and 498‑A and Section 4 of the Dowry Prohibition Act for the alleged dowry‑related death of his wife. The conviction was affirmed by the trial court and the first appellate court, while the co‑accused were acquitted. Shakeel filed a revision petition …

MANJUNATH GANESH HEGDE & ORS.versusSTATE OF KARNATAKA

2008 INSC 1246Appeal(s) allowed

The appellants were charged with offences under Sections 341, 324, 326, 504, 506 read with Section 34 of the IPC for an assault that injured three witnesses. The trial court acquitted them, finding the prosecution evidence insufficient. The High Court, acting as the first appellate court, partially …

DHARAM CHANDversusSTATE OF PUNJAB & ORS.

2008 INSC 1247Case Partly allowed

The appellant, brother of the deceased Anju Devi, challenged the High Court's order that acquitted three accused who lived separately and released the husband on the ground that he had already served his sentence. The Supreme Court upheld the acquittal of the three accused, finding that the evidence …

MOHD. AZAD @ SAMINversusSTATE OF WEST BENGAL

2008 INSC 1248Dismissed

The appellants were convicted for the murder of a young man whose body was found half‑dug in a cemetery after the accused allegedly scaled the wall, consumed wine and later assaulted a worker. The prosecution relied on extensive circumstantial evidence, including eyewitnesses who last saw the …

STATE OF MAHARASHTRAversusARJUN

2008 INSC 1249Dismissed

The State of Maharashtra prosecuted Arjun (A-2) and another accused (A-1) under IPC sections 302/34 and 201/34 for the murder of Jagnandan Singh. The trial court convicted both based solely on five pieces of circumstantial evidence, including alleged purchase of rat poison, a gunny bag, ropes, and …

STATE OF PUNJABversusRAJINDER SINGH & ORS. ETC.

2008 INSC 1244Dismissed

The incident on 23 September 1996 involved a violent assault by several accused on the family of Surjit Kaur, resulting in the death of Jangir Singh. The trial court convicted multiple accused under sections 302, 364, 323, 149 and related provisions of the Indian Penal Code. On appeal, the Punjab …

DADANversusSTATE OF MADHYA PRADESH THROUGH SHO, PS SATNA (M.P.)

2008 INSC 1239Dismissed

The appellant Dadan was convicted along with four others for murder, grievous hurt and rioting under Sections 302, 326 and 148 read with 149 of the Indian Penal Code, based on the testimony of four close relatives of the deceased. The High Court acquitted one co‑accused but upheld Dadan's …

MUNNA @ POORAN YADAVversusSTATE OF MADHYA PRADESH

2008 INSC 1241Dismissed

The appellant Munna @ Puran Yadav and two co‑accused were tried for the murder of Chhota, the son of Gariba (PW‑4). Gariba, the father and sole eye‑witness, testified that the three accused entered his house, the co‑accused held the victim and the appellant fired the fatal shot. The trial court …

MULA DEVI & ANR.versusST ATE OF UTTARAKHAND

2008 INSC 1242Appeal(s) allowed

Puola Devi, married to the son of Dayal Singh, lived with her mother‑in‑law Mula Devi and sister‑in‑law Rajmati and repeatedly complained of harassment and fear of being killed. She was found dead with asphyxia due to ante‑mortem strangulation and post‑mortem burns. The trial court convicted Dayal …

PARVINDERJIT SINGH AND ANR.versusSTATE (U.T. CHANDIGARH) AND ANR.

2008 INSC 1232Disposed off

The appellants, employees of Citibank/CWA, were implicated in an FIR alleging fraud under Sections 406, 420 and 120B IPC. They sought quashing of the FIR and anticipatory bail under Section 438 of the Cr.P.C., arguing that the allegations were civil in nature and that they would cooperate with the …

STATE OF ANDHRA PRADESHversusM. MADHUSUDHAN RAO

2008 INSC 1219Dismissed

The State of Andhra Pradesh appealed the acquittal of M. Madhusudhan Rao, who was charged under Section 498A IPC for allegedly harassing his wife and forcing her to consume poison to extract an additional dowry of Rs 50,000. The trial court had convicted him, but the High Court set aside the …

STATE OF MAHARASHTRAversusAHMED SHAIKH BABAJAN & ORS.

2008 INSC 1220Dismissed

The State of Maharashtra appealed against the High Court’s order acquitting Ahmed Shaikh Babajan and four co‑accused of murder (Sec. 302 r/w Sec. 34 IPC) and house‑breaking (Sec. 456 r/w Sec. 109 IPC). The facts involved a dispute over possession of a flat, the alleged assault and death of the …

M/S. HANU MOTEL PVT. LTD. & ORS .versusU.P. FINANCIAL CORPORATION LTD. & ANR.

2008 INSC 1221Appeal(s) allowed

M/s Hanu Motel Pvt. Ltd. entered into a loan agreement with U.P. Financial Corporation which was later cancelled and a demand notice issued. The company filed a suit in 2001, naming itself and its director Ram Raj Singh as plaintiffs, and obtained an interim injunction. During the appeal, the …

R. KALYANIversusJANAK C. MEHTA AND ORS.

2008 INSC 1224Dismissed

The appellant R. Kalyani lodged an FIR under Sections 409, 420 and 468 read with Section 34 IPC against three respondents, alleging that the third respondent operated her account without consent and forged a letter, while the first two senior officers of the company were claimed to be vicariously …

SOMONversusSTATE OF KERALA

2008 INSC 1222Case Partly allowed

Six armed men formed an unlawful assembly with the common object of killing Balan. They inflicted multiple injuries on his arms and legs, and he later died. The trial court convicted accused No.1 (the appellant) and others under Section 302 read with Section 34 IPC, along with other offences. The …

GAJRAJ YADAVversusRAJENDRA SINGH @ DEENA & ORS.

2008 INSC 1226Appeal(s) allowed

The respondents, convicted of offences including murder under the IPC, appealed their convictions and sought suspension of their sentences under Section 389 of the CrPC. The Rajasthan High Court granted suspension and bail without recording any written reasons. The Supreme Court held that Section …

INDU JAINversusSTATE OF MADHYA PRADESH & ORS.

2008 INSC 1215Disposed off

The Supreme Court examined the custodial death of R.K. Jain, a Deputy Commissioner who suffered from asthma and died of asphyxia after being detained in a dust‑filled, windowless room by officers of the Lokayukta. The Sessions Court had framed charges under Section 304 Part II IPC but omitted …

ARJUN SINGHversusSTATE OF HIMACHAL PRADESH

2008 INSC 1208Appeal(s) allowed

Six persons were charged with offences under Sections 452, 323 read with 34, and 376(2)(g) of the Indian Penal Code for abducting and raping a woman. The prosecutrix identified some of the accused by hearing them address each other by names, but the appellant, Arjun Singh, was not apprehended at the …

SONU KUMARversusSTATE OF H.P.

2008 INSC 1209Appeal(s) allowed

The appellant, Sonu Kumar, was one of six accused charged under IPC sections 452, 323 r/w 34, 376(2)(g) and SC/ST Act section 3(x) for the alleged rape of a woman belonging to a Scheduled Caste. The prosecution’s case relied on the victim’s testimony that the accused were addressing each other by …

BAL KISHANversusSTATE. OF HIMACHAL PRADESH

2008 INSC 1210Appeal(s) allowed

The prosecution alleged that Bal Kishan, along with others, forcibly dragged the prosecutrix to a forest and raped her. The trial court convicted the accused based on the testimonies of the prosecutrix, her son and an elderly neighbour, despite finding that the test identification parade conducted …

NIRMAL SINGH KAHLONversusSTATE OF PUNJAB AND ORS.

2008 INSC 1211Dismissed

A writ petition challenged the selection of Panchayat Secretaries and alleged irregularities involving the former Rural Development Minister, Nirmal Singh Kahlon. The High Court, after a prima facie finding of fraud, directed an inquiry which led to a Vigilance Department FIR and charge‑sheet. The …

SUDHEER SINGH @ SUDHEERversusSTATE OF A.P.

2008 INSC 1205Disposed off

The appellant Sudheer Singh was tried along with four others for robbery, murder and attempted murder. The trial court convicted him under IPC sections 394 and 302 read with 34, and sentenced him to rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction under section 394 but …

STATE OF U.P.versusCHANDRAPAL & ANR.

2008 INSC 1206Dismissed

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Chandrapal and Jagannath, who had been convicted by the trial court for murder under IPC s.302 and s.302 r/w s.34. The High Court set aside the convictions, holding that the medical evidence on the victim's injuries …

RAMACHAMIversusSTATE REP. BY STATE PROSECUTOR

2008 INSC 1207Case Partly allowed

Ramachamy was convicted by the trial court for murder (Sec. 302 IPC) and dacoity (Sec. 392 IPC) based solely on circumstantial evidence linking him to the deceased Kuttappan in a hotel where both were alone on the night of the incident. The High Court upheld the convictions. On appeal, the Supreme …

RAVEENDRAN K & ANR,versusEXCISE INSPECTOR VADAKARA & ANR.

2008 INSC 1198Dismissed

The appellants, licensees of arrack shops, were convicted under Section 57A(iii) of the Kerala Abkari Act, 1967 for selling liquor adulterated with methanol. Samples taken from their godowns revealed the presence of the noxious substance, and the prosecution argued that the licencees had either …

LOKESH SINGHversusSTATE OF U.P. & ANR.

2008 INSC 1201Appeal(s) allowed

The case involved the murder of Chandra Pal Singh, for which respondent No.2 was alleged to have conspired with S.B. Singh to hire shooters. The trial court denied bail, but the Allahabad High Court granted bail, reasoning that the prosecution case was weak and that key statements were recorded only …

STATE BY INSPECTOR OF POLICE, T. NADUversusRAKIAPPAN AND ORS.

2008 INSC 1191Appeal(s) allowed

The State prosecuted Rakiappan and others for the homicidal death of two persons, relying on the testimony of PW2, a 12‑year‑old child who was injured during the incident. PW2 regained consciousness and gave a statement to the investigating officer on 13 December 1995, which the trial court …

STATE OF PUNJABversusGURDIP KAUR

2008 INSC 1192Dismissed

The State of Punjab appealed the acquittal of Gurdip Kaur and co‑accused by the Punjab and Haryana High Court. The trial court had convicted them under IPC s.302 read with s.34 for murder. The High Court set aside the convictions, citing a substantial delay in lodging the FIR, an unexplained delay …

STATE OF GOAversusSUBHASH GHOGLE

2008 INSC 1193Dismissed

The State of Goa charged Subhash Ghogle with murder under Section 302 IPC for allegedly strangling Bendita Parriera on 4 January 1999. The trial court convicted him based on a series of circumstantial facts, including alleged motive, presence at the scene, noises of a quarrel, and forensic evidence, …

STATE OF PUNJABversusAVTAR SINGH

2008 INSC 1194Dismissed

The trial court convicted the accused under Section 302 read with Section 34 of the IPC for murder. The Punjab and Haryana High Court set aside the conviction, acquitting the accused on the basis of a substantial delay in lodging the FIR, a further delay in forwarding the report to the Elaka …

ASHOK KUMAR MONDALversusSAMIR KUMAR MONDAL & ANR.

2008 INSC 1196Dismissed

The deceased was allegedly struck on the head with a crowbar by his brother during a domestic altercation, leading to his death. The trial court convicted the brother under Section 304 Part‑II of the IPC. On appeal, the Calcutta High Court acquitted him, holding that the eyewitness testimonies were …

ASRAF SK AND ANR.versusSTATE OF WEST BENGAL

2008 INSC 1181Appeal(s) allowed

The appellants Asraf SK and another were convicted by the trial court and the Calcutta High Court for murder of the father of two witnesses under IPC s.302 read with s.34, based primarily on the testimony of the victims' daughters (PW‑1 and PW‑2) and other circumstantial evidence. The Supreme Court …

VIJI & ANR.versusSTATE OF KARNATAKA

2008 INSC 1182Case Partly allowed

The deceased John Peter was attacked on a footpath by a group of seven accused. The trial court convicted all of them for offences including murder under s.302 read with s.149 IPC. The High Court acquitted accused Nos.2‑6 and modified the conviction of accused Nos.1 and 7 to s.302 read with s.34 …

PALWINDER SINGHversusBALWINDER SINGH & ORS.

2008 INSC 1190Appeal(s) allowed

The deceased, Darshan Kaur, a dumb (and allegedly deaf) woman, was set on fire on 6 April 2001 and gave two dying declarations identifying the accused. The Sessions Judge refused to discharge the accused under Section 227 of the CrPC, but the High Court, on revision, allowed the discharge, …

ISHWAR SINGHversusSTATE OF MADHYA PRADESH

2008 INSC 1169Case Partly allowed

Ishwar Singh was convicted under Section 307 read with Section 34 of the IPC for assaulting Devi Singh and was sentenced to three years' rigorous imprisonment and a fine. The conviction and sentence were upheld by the High Court. While the appeal was pending before the Supreme Court, the accused and …

MAHADEV PRASAD KAUSHIKversusSTATE OF U.P. & ANR.

2008 INSC 1172

The appellant, a medical practitioner, was accused of causing the death of a patient, Buddha Ram, after administering three injections, and of threatening the complainant to withdraw the case. The trial magistrate issued summons under IPC sections 304, 504 and 506, which the High Court upheld. The …

STATE OF PUNJABversusGURDEV SINGH & ORS.

2008 INSC 1173Dismissed

The State of Punjab charged six accused with murder under IPC s.302 read with s.34, alleging that after a jeep deliberately struck the deceased's scooter, the accused assaulted him with rods and hockey sticks, leading to his death after 55 days. The trial court convicted four of the accused, but the …

STATE OF RAJASTHANversusNARAYAN

2008 INSC 1175Dismissed

The State of Rajasthan charged Narayan with murdering his wife, alleging he killed her because she was pregnant by another man. Both were found with cut throats, Narayan alive, and the weapon was discovered under the wife's clothing. The trial court convicted him under IPC sections 302, 316 and 309, …

VIRENDRA @ BUDDHU & ANR.versusSTATE OF U.P.

2008 INSC 1176Dismissed

The case involves the murder of Rameshwar Dayal on 5 October 1979, for which three men—Virendra (Buddhu), Ram Asrey (Tami) and Girish Chandra (Gappu)—were charged under Sections 302, 34 and 307 of the IPC. The deceased's wife (PW‑1) and daughter (PW‑2, a 14‑year‑old girl) were eye‑witnesses and …

KAPIL DEO SINHAversusKIRANDEO PRASAD & ANR.

2008 INSC 1177Dismissed

The incident occurred on 25 March 1978 when six accused, including Kirandeo Prasad, attacked a group in a dalan, resulting in the death of Sukhu Mahton. The trial court convicted Kirandeo Prasad under Section 302 IPC and sentenced him to life imprisonment, acquitting the other five accused. On …

STATE OF PUNJABversusBAKHSHISH SINGH & ORS.

2008 INSC 1180Dismissed

The State of Punjab prosecuted four accused—Bakhshish Singh, Balbir Singh, Balraj Singh and Gurmeet Kaur—for the death of Mangal Singh. The prosecution alleged that the accused, after a quarrel, held the deceased while Balraj Singh delivered a single blow that caused fatal head injuries. The trial …

STATE OF M.PversusMAKHAN @ MADAN & ORS.

2008 INSC 1159Dismissed

The State of Madhya Pradesh charged Makhan (Madam) and others with murder under Sections 148, 302 read with 149 of the IPC, alleging they assaulted the deceased with sticks and rods, leading to his death. The trial court convicted them, but the Madhya Pradesh High Court acquitted them, discarding …

RENU KUNTA MALLAIAHversusSTATE OF A.P.

2008 INSC 1160Appeal(s) allowed

The appellant, a driver of an APSRTC bus, was convicted under Section 304-A of the Indian Penal Code for allegedly driving rashly and fatally striking a boy on 9 November 1994. The prosecution's case relied on the testimony of three eyewitnesses (PW‑4, PW‑5, and PW‑11) who gave conflicting accounts …

SMT. RACHNAversusJAYESH

2008 INSC 1161Disposed off

Smt. Rachna filed a transfer petition before the Supreme Court seeking transfer of several pending civil and criminal matrimonial cases to the Supreme Court Lok Adalat. The matters were listed before the Lok Adalat on 5 September 2008, where mediation led to a comprehensive settlement covering …

SUNILversusSTATE OF MAHARASHTRA

2008 INSC 1165Appeal(s) allowed

The appellant Sunil, originally accused No.6, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 149 of the Indian Penal Code, along with several other offences, based primarily on the testimony of two eyewitnesses. The prosecution alleged that …

MANOJ SHARMAversusSTATE & ORS.

2008 INSC 1166Appeal(s) allowed

Manoj Sharma was charged in an FIR for offences including cheating, forgery and fraud under Sections 420, 468, 471, 34 and 120‑B IPC. The complainant and the accused later reached an amicable settlement and the complainant withdrew the allegations. The Delhi High Court refused to quash the FIR, …

STATE OF M.P.versusWAZIR KHAN & ANR.

2008 INSC 1158Dismissed

The State of Madhya Pradesh charged Wazir Khan and another accused with murder under Section 302 read with Section 34 of the IPC for allegedly throwing a petrol bomb at the deceased. The trial court convicted them, but the High Court acquitted, holding that the medical evidence did not support the …

MUKUL MAHTO AND ORS.versusSTATE OF JHARKHAND AND ANR.

2008 INSC 1154Dismissed

The appellants were charged with assaulting the deceased with a lathi and an axe, which resulted in his death, and also assaulting three other villagers who came to his aid. The trial court acquitted them on the ground that the eye‑witnesses were relatives of the deceased and that the medical …

UNION OF INDIAversusBALI RAMU PAWAR & ORS.

2008 INSC 1155Disposed off

The Union of India appealed the trial court's acquittal of accused Nos. 5‑9 and the acquittal of accused Nos. 1‑4 under Section 1208 IPC in a case of election‑related violence in Dadra and Nagar Haveli. The trial court had convicted accused Nos. 1‑4 on several offences but acquitted them on the …

MONDRI SREENUversusSTATE OF ANDHRA PRADESH

2008 INSC 1157Dismissed

The appellant, Montri Sreenu, was convicted under Section 302 of the Indian Penal Code for murdering his mother‑in‑law, Batta Chandramma. The prosecution relied on the appellant’s confession before a magistrate, extra‑judicial confessions to witnesses, recovery of a stone and stick allegedly used as …

STATE OF HARYANAversusSHER SINGH

2008 INSC 1152Dismissed

The State of Haryana charged Sher Singh with rash driving and causing death by negligence under IPC sections 279 and 304A after a bus he was alleged to be driving struck a pedestrian who later gave a dying declaration. The trial court and the first appellate court convicted him, but the Punjab & …

STATE REP. BY INSPECTOR OF POLICEversusSARAVANAN & ANR.

2008 INSC 1148Case Partly allowed

The case arose from a dispute over mango trees that escalated into a violent altercation on 1 June 1991, during which the accused brothers assaulted several persons, causing the death of the deceased Murugesan and injuries to three eye‑witnesses who were relatives of the deceased. The trial court …

MAHINDRA MULJI KERAI PATELversusSTATE OF GUJARAT

2008 INSC 1149Disposed off

The appellant Mahindra Mulji Kerai Patel, aged 19, killed the grandmother of a girl and injured the girl's mother after they rejected his marriage proposal. He was initially convicted by the trial court under sections 324 and 452 of the IPC. The State appealed, and the Gujarat High Court substituted …

ARUMUGAMversusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 1134Case Partly allowed

A dispute over panchayat elections led Arumugam (A‑1), Shanmugavel (A‑2) and Subbiah (A‑3) to attack their brother Vairamuthu with a spike, an aruval and a stick, causing his death. The trial court convicted A‑1 under s.302 IPC and the High Court upheld the conviction. On appeal, the accused argued …

SIDDHAPAL KAMALA YADAVversusSTATE OF MAHARASHTRA

2008 INSC 1135Disposed off

The appellant, Sidhapal Kamala Yadav, a prisoner, was convicted of murdering co‑prisoner Dilip Sitaram Chaudhary in a hospital ward. He pleaded the defence of unsoundness of mind under Section 84 of the Indian Penal Code, claiming he was incapable of knowing the nature of his act. Two psychiatrists …

BUR SINGH AND ANR.versusSTATE OF PUNJAB

2008 INSC 1136Dismissed

The appellants Bur Singh and others were convicted for murder under Section 302 read with Section 34 of the IPC for the killing of Surjan Singh. The prosecution relied on the testimony of two eye‑witnesses who were relatives of the deceased. The appellants argued that the witnesses were interested …

HANUMAN RAMversusTHE STATE OF RAJASTHAN AND ORS.

2008 INSC 1137Appeal(s) allowed

The accused (respondents 2 and 3) were tried for offences under Sections 147, 452, 364, 302/149 and 201/149 of the IPC. Two prosecution witnesses, PW‑3 (Bhopalaram) and PW‑5 (Nandaram), had been examined and cross‑examined in the trial court and later again as witnesses before a Juvenile Court, …

RAM SINGHversusSTATE OF MADHYA PRADESH

2008 INSC 1138Dismissed

Ram Singh and an accomplice were convicted of murder, house‑trespass and intimidation under Sections 302, 452 and 504 of the IPC after the deceased’s wife and son testified that the accused stabbed the victim inside his house. The appellants challenged the conviction on the ground that the …

C.R. PATILversusSTATE OF GUJARAT & ORS.

2008 INSC 1123Case Partly allowed

The appellant, a director of a construction firm, had obtained a large loan from a bank that later went into liquidation. The bank filed a liquidation suit and criminal proceedings for default. The appellant was granted temporary bail with conditions, but the High Court later vacated the bail and …

BABLOO PASIversusSTATE OF JHARKHAND & ANR.

2008 INSC 1124Appeal(s) allowed

Rajesh Mahatha was arrested for offences under Sections 304B and 306 of the IPC and claimed to be a juvenile, seeking protection under the Juvenile Justice (Care and Protection of Children) Act, 2000. The Juvenile Justice Board, after obtaining a medical board opinion that his age was between 17‑18 …

UNION OF INDIAversusPADAM NARAIN AGGARWAL ETC

2008 INSC 1125Case Partly allowed

The Union of India initiated customs proceedings against Padam Narain Agarwal and others for alleged export fraud, issuing summons under Section 108 of the Customs Act to record their statements. The respondents, refusing to cooperate, were later charged with offences under Sections 174 and 175 of …

SANGHI BROTHERS (INDORE) PVT. LTD.versusSANJAY CHOUDHARY AND ORS.

2008 INSC 1126Appeal(s) allowed

Sanghi Brothers (Indore) Pvt Ltd filed a complaint alleging that the directors of Chetak Construction Ltd had taken vehicles on lease and later sold eight of them, constituting cheating and criminal breach of trust under IPC sections 420 and 406 read with section 34. The trial magistrate framed …

STATE OF U.PversusRAM BALAK AND ANR.

2008 INSC 1127Dismissed

The State of Uttar Pradesh charged Ram Balak and another with the rape and murder of a 14‑year‑old girl, invoking IPC sections 376, 302 and 201. The trial court convicted them on the basis of five circumstantial points, including a dog‑tracking lead and an alleged extra‑judicial confession, and …

RAJESH KUMARversusSTATE OF H.P.

2008 INSC 1128Case Partly allowed

The appellant Rajesh Kumar and his brother Surjit Singh attacked the deceased Ravinder Kumar; Surjit inflicted a fatal head wound with a drat while Rajesh struck non‑vital parts with a danda. After the assault, a witness seized the danda from Rajesh and threw it away, and Rajesh fled without picking …

RUKMINI NARVEKARversusVIJAYA SATARDEKAR & ORS.

2008 INSC 1131Disposed off

The appellant Rukmini Narvekar filed a criminal complaint alleging that advocate Ranjit Satardekar fraudulently obtained her signature on a Power of Attorney and used it to sell her property to his wife Vijaya Satardekar. The High Court quashed the criminal proceedings against both accused, relying …

STATE, REPRESENTED BY INSPECTOR OF POLICE, TAMILNADUversusSAIT & KRISHNAKUMAR

2008 INSC 1112Dismissed

The State appealed the acquittal of Sait & Krishnakumar, who had been convicted by a Sessions Court of murder (IPC s.302) and robbery (IPC s.392 r/w s.397) based on the testimony of prosecution witnesses PW‑1 to PW‑3 and PW‑8. The High Court set aside the conviction, holding that PW‑1, PW‑2 and PW‑3 …

INSPECTOR OF POLICE, T.N.versusPALANISAMY @ SELVAN

2008 INSC 1115Dismissed

The Sessions Judge convicted Palanisamy (Selvan) for murder under s.302 IPC based on two pieces of circumstantial evidence: witnesses 1 and 2 who claimed to have seen the deceased with the accused at 11 p.m. on a dark night, and an alleged extra‑judicial confession made to the village head (PW‑3) on …

MURUGAN AND ANR.versusSTATE REP. BY PUBLIC PROSECUTOR, MADRAS, TAMIL NADU ANR.

2008 INSC 1107Dismissed

The appellants were convicted under IPC s.307 for a violent assault on two witnesses, after the trial court had acquitted them. The State appealed the acquittal under CrPC s.378, and the Madras High Court set aside the acquittal, finding the trial court's reasons untenable. The appellants contended …

BALWANT SINGH AND ORS.versusSTATE OF H.P.

2008 INSC 1100Disposed off

The Supreme Court examined an appeal by Balwant Singh and others against their convictions under Sections 498A, 304B and 306 of the IPC for the death of Renu Bala. The Court clarified that Sections 304B (dowry death) and 498A (cruelty) are distinct offences; cruelty as defined in the Explanation to …

STATE OF HIMACHAL PRADESHversusMANOJ KUMAR @ CHHOTU

2008 INSC 1101Case Partly allowed

The State of Himachal Pradesh appealed the acquittal of Manoj Kumar, who was charged with rape, assault and criminal intimidation under Sections 376, 506 and 511 IPC. The trial court acquitted him on the basis of benefit of doubt, but the State sought leave to appeal under Section 378(3) of the …

BUDHI LALversusSTATE OF UTTARAKHAND

2008 INSC 1092Case Partly allowed

Budhi Lal, who lived with two wives, was accused of murdering his second wife Jashu Devi on the night of 9‑10 August 1985. A guest, PW‑3, who was staying in the house that night, testified that he saw Budhi Lal sitting on the deceased's chest and assaulting her, and the accused admitted that he and …

BIHARI RAIversusSTATE OF BIHAR (NOW JHARKHAND)

2008 INSC 1093Dismissed

The appellant Bihari Rai was convicted for the death of Sadri Rai. The trial court found him guilty under Section 302 read with Section 34 IPC, while the High Court altered the conviction to Section 304 Part I, invoking Exception 4 to Section 300, and acquitted the co‑accused. On appeal, the …

PRABHA MATHUR & ANR.versusPRAMOD AGGARWAL & ORS.

2008 INSC 1097Disposed off

The complainants, Prabha Mathur & Anr., alleged that the respondents, Pramod Aggarwal & Ors., cheated them in a property sale and filed a criminal complaint under IPC sections 420, 467, 468, 471, 34 and 1208. The trial court dismissed the complaint as a civil matter, a decision affirmed by the …

ASLAM @ DEEWANversusSTATE OF RAJASTHAN

2008 INSC 1088Dismissed

The case involved a robbery on 24 April 2002 in which the victim, Nand Kishore, was assaulted with an iron rod and his bag was stolen. The accused, Aslam @ Deewan and Waseem @ Raju, were arrested after one of them provided information leading to the recovery of the stolen items and the weapon. The …

MANOJ & ANR.versusSTATE OF MADHYA PRADESH

2008 INSC 1090Disposed off

Manoj and Bijendra Singh, along with Ram Avatar, were convicted for voluntarily causing hurt with dangerous weapons under Section 324 IPC (originally under Section 307 IPC). The High Court altered the conviction to Section 324 IPC. The appellants sought to compound the offence with the complainant, …

STATE OF U.P.versusMUTAHIR MIAN

2008 INSC 1089Dismissed

The State of Uttar Pradesh charged Mutahir Mian with murder under Section 302 of the IPC. The trial court convicted him based on the prosecution's version that the accused stabbed the deceased thrice. On appeal, the Allahabad High Court acquitted him, finding that the FIR was not proved to have been …

STATE OF A.P.versusGUVVA SATYANARAYANA

2008 INSC 1084Dismissed

The deceased, Renuka, died from burns after an alleged incident where her husband doused her with kerosene. A dying declaration was recorded by a magistrate on the night of the incident, in which she accused her husband of the act. The trial court convicted the husband under Sections 302 (murder) …

NAREN CHANDRA NASKARversusARUN BHATTACHARYA & ORS.

2008 INSC 1086Case Partly allowed

The appellant, Naren Chandra Naskar, challenged the registration of his sale deed, alleging forgery, after a criminal complaint was filed by the District Registrar. Both his deed and the respondent's deed were recorded with identical registration details, prompting the Calcutta High Court to order …

KETANKUMAR BABULAL PATELversusKESARBEN JESANGJI AND ORS.

2008 INSC 1074Disposed off

A complaint alleging that police refused to register an earlier FIR was filed before a Judicial Magistrate who ordered an inquiry under Section 202 of the Cr.P.C. The Gujarat High Court set aside that order and directed an inquiry under Section 156(3) Cr.P.C. The appellants challenged the High …

PREMIYA @ PREM PRAKASHversusSTATE OF RAJASTHAN

2008 INSC 1067Appeal(s) allowed

The appellant Premia @ Prem Prakash was convicted of rape under Section 376 IPC and sentenced to seven years by the trial court, a decision upheld by the Rajasthan High Court. On appeal, the Supreme Court examined the evidence, noting that the victim described only "fondling" with no injury to her …

BASAVARAJA & ORS.versusSTATE OF KARNATAKA

2008 INSC 1066Appeal(s) allowed

The appellants, a family of five, were charged under Sections 302 and 34 of the IPC for allegedly pouring kerosene on the wife of one of them, setting her on fire and causing her death. The trial court acquitted them, finding the post‑mortem report of Dr PW‑7 showed death by asphyxia due to …

PRAMOD KUMAR SAXENAversusUNION OF !NOIA & ORS.

2008 INSC 1061Case Partly allowed

Pramod Kumar Saxena, an under‑trial prisoner detained since August 1998 for alleged fraud and other offences in 48 cases across six states, filed a writ petition under Article 32 seeking release on bail, arguing that his prolonged detention violated his fundamental rights. The State argued that the …

DAULATRAM S/O SADRAM TELIversusSTATE OF CHHATTISGARH

2008 INSC 1063Dismissed

The appellant Daulatram was convicted of murder under Section 302 IPC and the SC/ST (Atrocities) Act, while a co-accused was acquitted. The prosecution relied on the testimony of two relatives of the deceased (PW‑3 and PW‑5) as eye‑witnesses. The appellant challenged the conviction on the ground …

STATE OF MAHARASHTRAversusSUJAY MANGESH POYAREKAR

2008 INSC 1065Appeal(s) allowed

The trial court acquitted Sujay Mangesh Poyarekar of offences under Sections 307 and 504 IPC, holding that the prosecution failed to prove the case beyond reasonable doubt. The State of Maharashtra filed an application under Section 378(3) of the Code of Criminal Procedure for leave to appeal the …

HAR SINGHversusSTATE OF UTTARAKHAND

2008 INSC 1054Dismissed

The appellants were accused of murdering Bhupal Singh after a dispute over gambling winnings. The prosecution alleged that the accused followed the deceased, assaulted him, and that he was killed shortly thereafter, with his body later recovered at the instance of accused Mohan Singh. The trial …

BALMIKI SINGHversusRAM CHANDER SINGH AND ORS.

2008 INSC 1055Dismissed

The informant, Balmiki Singh, alleged that on 11 August 1992 he was shot by Ram Chander Singh and others, resulting in injuries to his chest. The FIR was lodged two days later on 13 August 1992, and the investigating officer was not examined during trial. The trial court convicted the accused under …

THE STATE OF PUNJAB & ORS.versusPREM SARUP

2008 INSC 1059Dismissed

Constable Prem Sarup was convicted under Section 170 IPC for an offence in 1974, but the conviction was set aside in 1979 because the principal prosecution witnesses turned hostile. The Punjab Police nevertheless initiated disciplinary proceedings under Rule 16.3(1)(b) of the Punjab Police Rules, …

LALLIRAM AND ANR.versusSTATE OF M.P.

2008 INSC 1035Appeal(s) allowed

The appellants were charged with kidnapping, wrongful confinement and repeated rape of the prosecutrix on the night of 23 September 1985. The prosecutrix alleged that she was dragged, repeatedly raped by several accused and released the next morning, while her husband was beaten and locked in a …

MARANADU AND ANR.versusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 1034Dismissed

The case involved six accused who, armed with weapons and bombs, formed an unlawful assembly and murdered Sundaram. The trial court convicted them under Sections 147, 148, 149, 302, 307 IPC and Section 9(b)(1)(b) of the Indian Explosives Act, relying heavily on the testimony of two eyewitnesses who …

RANJIT SINGHversusSTATE OF HARYANA

2008 INSC 1030Dismissed

In 1993 Ranjit Singh, then about 17 years old, was convicted of murder and related offences under the IPC and sentenced to life imprisonment. He appealed, contending that he was a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 and that Section 20 of that Act should …

INSPECTOR OF POLICE, TAMIL NADUversusMUTHUSAMY AND ANR.

2008 INSC 1027Dismissed

The deceased was alleged to have been throttled and poisoned by his father and brother, who were the accused. The forensic laboratory report found no poison, leading the prosecution to abandon the poison allegation and rely on purported extra‑judicial confessions for conviction under IPC s.302 read …

STATE OF U.P.versusAWDHESH

2008 INSC 1024Dismissed

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Awdhesh, who had been convicted for dacoity under Section 396 IPC. The trial court had sentenced him to life imprisonment, but the High Court set aside the conviction, citing inconsistencies in the prosecution's evidence and …

RAVIversusSTATE REP. BY INSPECTOR OF POLICE

2008 INSC 1016Dismissed

The appellants were convicted of murder under Section 302 IPC for the killing of Albert Walter, based primarily on the testimony of PW‑1, the deceased's brother, who identified the accused and asserted that sufficient street lighting enabled him to see the incident. The appellants challenged the …

FAKHRUDDIN AHMADversusSTATE OF UTTARANCHAL AND ANR.

2008 INSC 1018Disposed off

The appellant, a poultry farmer, was accused by a complainant of forging a cheque and was charged under IPC sections 420, 467, 468 and 471. The complainant claimed the cheque was a blank cheque misplaced by a third party, while the appellant alleged the cheque was fraudulently used. The Judicial …

SHIVAJI @ DADYA SHANKAR ALHATversusTHE STATE OF MAHARASHTRA

2008 INSC 1019Dismissed

The appellant, Shivaji @ Dadya Shankar Alhat, was convicted of raping and murdering a nine‑year‑old girl and sentenced to death under Sections 302 and 376(2)(5) IPC. The prosecution case rested entirely on circumstantial evidence, including eyewitnesses who saw the accused with the victim, the …

STATE OF WEST BENGALversusSHYAMADAS BANERJEE & ANOTHER

2008 INSC 1009Dismissed

The case concerned Shyamadas Banerjee, a sitting MLA who was alleged to have forged medical bills in 1999. Although the offence was committed while he was an MLA, he ceased to be a member of the State Legislature in July 2000, long before a charge‑sheet was filed in 2003 and cognizance was taken by …

STATE REP. BY D.S.P., S.B. C.L.D., CHENNAIversusK.V. RAJENDRAN & ORS.

2008 INSC 1005Case Partly allowed

The respondents filed a criminal petition under Section 482 CrPC seeking transfer of a state police investigation to the CBI. The Madras High Court dismissed the petition in 2001, refusing the transfer. After three years, the DSP of SBCID filed an application in the same disposed petition seeking to …

STATE OF PUNJABversusRAKESH KUMAR

2008 INSC 997Case Partly allowed

The accused, Rakesh Kumar, was convicted under Sections 366 and 376 of the Indian Penal Code for kidnapping and rape of a girl who was under sixteen years of age. The trial court sentenced him to three years rigorous imprisonment for the kidnapping and seven years for the rape; the Punjab and …

HARI SINGH GONDversusSTATE OF M.P.

2008 INSC 998Dismissed

Hari Singh Gond was convicted of murder and related offences for beating his father‑in‑law, Harilal Gond, and setting fire to the house, resulting in the victim's death. The appellant claimed protection under Section 84 of the Indian Penal Code, asserting that he was of unsound mind at the time of …

BHOLU RAMversusSTATE OF PUNJAB & ANR.

2008 INSC 999Appeal(s) allowed

The appellant, Bholu Ram, a clerk in a government school, was charged with forgery and cheating under IPC sections 409, 420, 467, 468 and 471. During trial he applied under CrPC s.319 to add the headmaster, Sher Singh, as an accused and the magistrate issued summons. The headmaster sought to recall …

STATE OF U.P.versusMUNSHI

2008 INSC 989Appeal(s) allowed

The trial court convicted two accused under Sections 363, 366 and 376 of the Indian Penal Code for raping a girl aged about 17 years. The Allahabad High Court set aside the conviction, acquitting the accused on the basis that the girl was a consenting adult and that there was no reliable evidence of …

STATE OF U.P.versusRAJA @ JALIL

2008 INSC 987Dismissed

The State of Uttar Pradesh alleged that the accused, Raja (also known as Jalil), abducted an 11‑year‑old girl, attempted to rape her and subsequently killed her. The trial court convicted him under IPC sections 302, 376 and 511, relying on circumstantial evidence and an alleged extra‑judicial …

STATE OF H.P.versusSURESH KUMAR @ CHHOTU

2008 INSC 984Dismissed

The trial court convicted Suresh Kumar (Chhotu) under Sections 363, 366, 368 and 376 of the IPC for kidnapping and rape of a girl, sentencing him to seven years' rigorous imprisonment. On appeal, the Himachal Pradesh High Court acquitted him, holding that the victim was over sixteen years of age and …

STATE OF M.P.versusMUNNIBAI & ANR.

2008 INSC 985Dismissed

The State of Madhya Pradesh charged Munni Bai and others with murder and culpable homicide by poisoning under Sections 302, 328 and 34 of the Indian Penal Code. The trial court convicted them based largely on the testimony of Munni Bai, who claimed the poison was mixed in a halua she had tasted. On …

CHATTAR SINGH AND ANR.versusSTATE OF HARYANA

2008 INSC 977Case Partly allowed

Chattar Singh (husband) and his father‑in‑law Mange Ram were convicted for the murder of Guddi and her infant daughter Poonam, whose bodies were found in a well. The prosecution relied on circumstantial evidence, the "last seen" theory, post‑mortem findings of smothering, and extra‑judicial …

MD. ABDUL SUFAN LASKAR AND ORS.versusSTATE OF ASSAM

2008 INSC 968Appeal(s) allowed

The appellants were convicted under Sections 147 and 324 of the IPC for attacking Abdul Haque Laskar with deadly weapons in 1995. After the convictions, the parties entered into an amicable settlement and sought to compound the offences. The issue before the Supreme Court was whether the offence …

BASUDEO YADAVversusSURENDRA YADAV & ORS.

2008 INSC 971Appeal(s) allowed

The case concerns the murder of Vyasdeo Yadav, who was allegedly dragged and shot by a group of armed men. The trial court convicted the accused under sections 364 r/w 302, 302 r/w 149, 201 and 148 IPC, but the Patna High Court acquitted them, holding that identification was impossible and that …

GOONDLA VENKATESWARLUversusSTATE OF A.P. AND ANR.

2008 INSC 972Appeal(s) allowed

The Assistant Commissioner of Commercial Taxes, GOONDLA VENKATESWARLU, inspected a business premises and later faced a criminal complaint alleging forcible seizure of books and extortion under IPC sections 448, 380, 384 and 506. The complaint was challenged on the ground that Section 37 of the …

B. VENKAT SWAMYversusVIJAYA NEHRU AND ANR.

2008 INSC 966Dismissed

The father of a deceased woman appealed against the acquittal of her husband and his mother, who had been charged under IPC sections 302, 498A and Section 4 of the Dowry Prohibition Act for alleged dowry harassment and murder. The deceased was found hanging in a bedroom, and the trial court had …

RAM PYARE MISHRAversusPREM SHANKER AND ORS.

2008 INSC 962Appeal(s) allowed

The case arose from a violent incident on 12 July 1978 in which two brothers, Prem Shanker and Hari Shanker, armed with a knife and a lathi, assaulted and caused the death of Mohan Mishra. The trial court convicted them under Section 302 read with Section 34 IPC, but the Allahabad High Court …

RAM TAWEKYA SHARMAversusSTATE OF BIHAR & ORS.

2008 INSC 956Dismissed

Three police constables were accused of robbery under Sections 392 and 411 of the Indian Penal Code. While the criminal trial was pending, the authorities initiated departmental proceedings under the Bihar Police Manual. The constables were later acquitted in the criminal case, but the departmental …

IQBAL SINGHversusSTATE OF PUNJAB

2008 INSC 960Case Partly allowed

The appellants, who were first cousins of the complainant, removed tubewell pipes from a piece of common land while armed with spades. When the complainant party intervened and objected, a verbal altercation escalated into a physical fight, during which the deceased Sikander Singh was killed and two …

NIKHIL MERCHANTversusCENTRAL BUREAU OF INVESTIGATION & ANR

2008 INSC 948Appeal(s) allowed

The appellant, a former managing director of a company that had defaulted on a loan from Andhra Bank, was charged by the CBI with cheating, forgery and corruption offences. The bank’s civil suit for recovery was later compromised, with clause 11 stating that both parties withdrew all claims against …

RANGNATH SHARMAversusSATENDRA SHARMA & ORS.

2008 INSC 951Appeal(s) allowed

The case concerns the murder of Ajay Sharma, the nephew of Rangnath Sharma, by three accused who allegedly took the victim to a terrace, restrained him, and shot him with a pistol. The trial court convicted all three under Sections 302 read with 34 of the IPC and Section 27 of the Arms Act, but the …

GUNNANA PENTAYYA @ PENTADU & ORS.versusSTATE OF A.P.

2008 INSC 952Dismissed

The case arose from a political mob attack on 29 January 2000 in which a group of accused assaulted two houses, resulting in the deaths of D‑1 and D‑2. The trial court convicted several accused under s.302 IPC and s.302 r.w. s.149 IPC; the High Court upheld the s.302 convictions but acquitted on …

GANESHversusSTATE OF KARNATAKA AND ORS.

2008 INSC 953Dismissed

Twenty-five persons were charged with offences including murder under Section 302 read with Section 149 of the IPC, arising from an assault on the deceased Kenchappa and his sons. The trial court convicted six accused of all charges except the murder provision, relying on eye‑witness testimony, …

GORIGE PENTAIAHversusSTATE OF A.P. & ORS.

2008 INSC 955Appeal(s) allowed

The appellant Gorige Pentaiah was charged in a criminal complaint filed by Bakaram Eswar alleging offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and IPC sections 427, 447 and 506, relating to demolition of a wall, caste insult and intimidation in a land …

DINESH SETHversusSTATE OF N.C.T. OF DELHI

2008 INSC 940Dismissed

Dinesh Seth was married to Rama, who died by hanging within two years of marriage. The trial court framed a charge under IPC Section 304B (dowry death) read with Section 34 and convicted the accused. On appeal, the Delhi High Court acquitted them of the 304B charge but convicted Seth under IPC …

VINAY KUMAR RAI AND ANR.versusTHE STATE OF BIHAR

2008 INSC 942Dismissed

The appellants Ajeet Kumar Rai, Vinay Kumar Rai and Ashutosh Kumar Rai were convicted for the murder of Nanda Kumar Singh under Section 302 read with Section 34 of the IPC and for a violation of Section 27 of the Arms Act. The prosecution proved that the first two accused restrained the deceased, …

ARJUN MAHTOversusSTATE OF BIHAR

2008 INSC 937Dismissed

On 15 March 1983, a group of armed men entered the house of the informant Yusuf Ali Khan, injured him, his father and brother, and looted household property, constituting a dacoity. The trial court convicted five appellants under Section 396 IPC, later altered by the High Court to Section 395 IPC …

AIZAZ & ORS.versusSTATE OF U.P.

2008 INSC 927Dismissed

The appellants Aizaz and others were convicted for murder and attempt to murder of Ismail under Sections 302 and 307 read with Section 34 of the Indian Penal Code. The trial court’s conviction was affirmed by the High Court, which acquitted one accused (A-4). On appeal, the Supreme Court examined …

SALIM AND ORS.versusSTATE OF HARYANA

2008 INSC 922Disposed off

The case involved a land dispute in which the accused, including Salim, armed themselves and fired upon the complainant's party, resulting in the death of Abdul Gafar. The trial court convicted Salim under sections 302, 203/149, 307/149, 323/149, 325/149 IPC and the Arms Act, while other accused …

STATE OF PUNJAB REP. THROUGH SECRETARYversusRAJ KUMAR AND ORS.

2008 INSC 923Case Partly allowed

The deceased Sunita, married to Raj Kumar, was allegedly set on fire by her mother‑in‑law amid dowry disputes. While on her death‑bed she gave a dying declaration identifying her husband and his parents as the assailants; the statement was recorded by police and a magistrate. The trial court …

MANIVEL & ORS.versusSTATE OF TAMIL NADU

2008 INSC 918Dismissed

The accused Manivel and others were convicted of murder and abetment under Sections 302 and 201 IPC based on circumstantial evidence that the victim was last seen with them at night and his body was found the next morning. The appellants challenged the conviction, arguing that the "last seen" theory …

STATE OF U.P.versusKISHANPAL & ORS

2008 INSC 919Case Partly allowed

The State of Uttar Pradesh appealed the acquittal of ten accused who were part of an armed unlawful assembly that shot and killed three persons and injured three others. The trial court had convicted all ten under Sections 148, 149, 302, 307 and sentenced them to life imprisonment, but the High …

NIL RATAN KUNDU & ANR.versusABHIJIT KUNDU

2008 INSC 920Case Allowed

The case concerned an application by the father, Abhijit Kundu, for custody of his six‑year‑old son Antariksh, while the child was in the care of his maternal grandparents who had lodged an FIR against the father under Sections 498A and 304 IPC for the alleged murder of the mother. The trial court …

DEVIDAS RAMSUNDER SHUKLAversusSTATE OF MAHARASHTRA

2008 INSC 911Dismissed

The appellant, Devidas Ram Sunder Shukla (A‑2), together with his son Santosh Devidas Shukla (A‑1) and two others, were convicted under IPC sections 302, 202 and 34 for the murder of Manoja, who was burnt to death in the house they shared. The prosecution relied entirely on circumstantial evidence, …

TAMILSELVANversusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 905Case Allowed

The case involved six sandalwood smugglers accused of shooting a forest guard and injuring a gardener. The FIR described the assailants only as unidentified persons in a group of about 50, and no names were recorded. The trial court convicted all six under Section 302 IPC, but the High Court …

PRIYA VRAT SINGH & ORS.versusSHYAM JI SAHAI

2008 INSC 906Appeal(s) allowed

The appellants, Priya Vrat Singh and others, sought to quash criminal proceedings filed under Sections 494, 120B and 109 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for alleged dowry harassment and bigamy. The High Court had dismissed their Section 482 CrPC application, but the …

BANGARU VENKATA RAOversusSTATE OF ANDHRA PRADESH

2008 INSC 909Case Partly allowed

Bangaru Venkata Rao was convicted of murder under Section 302 IPC for stabbing his wife Polamma, who later died. He appealed, claiming the act was in private defence and that only a single blow was given in a sudden quarrel, invoking Exception 4 of Section 300 IPC. The Supreme Court examined the …

STATE OF MADHYA PRADESHversusPAPPU @ AJAY

2008 INSC 897Case Allowed

The accused, Pappu@Ajay, was convicted by the trial court for offences under Sections 376(1) read with 511, 324 and 452 of the Indian Penal Code and sentenced to four years of rigorous imprisonment along with fines. The High Court, noting that the accused had already served about five months and 25 …

DINESH SINGHversusSTATE OF U.P.

2008 INSC 898Dismissed

The appellant Dinesh Singh and several co‑accused fired at a man identified as Juguntha, who died from a gunshot wound. The trial court acquitted all accused, but the Allahabad High Court convicted Dinesh Singh under Section 304 Part II IPC while acquitting the others, holding that the evidence …

STATE OF RAJASTHANversusGAJENDRA SINGH

2008 INSC 899Case Partly allowed

The appellant State of Rajasthan convicted Gajendra Singh under Sections 376, 323 and 341 of the Indian Penal Code, sentencing him to ten years rigorous imprisonment for rape and six months for the other offences. The High Court reduced the rape sentence to five years, invoking the proviso to …

BALDEV SINGHversusSTATE OF PUNJAB

2008 INSC 900Disposed off

Baldev Singh was convicted under Section 304‑B IPC for the death of his wife Satwant Kaur, who died by poisoning within two years of marriage. The prosecution proved that she was repeatedly harassed for dowry, including demands for a fridge, TV and a cash amount, in addition to a claim on her share …

DINESH KUMARversusSTATE OF RAJASTHAN

2008 INSC 901Dismissed

Dinesh Kumar and four others were charged with murder, attempted murder and related offences under Sections 302, 307, 324, 148, 452, 323 read with 149 of the IPC. The trial court convicted all five, but the Rajasthan High Court acquitted four co‑accused while upholding Dinesh Kumar's conviction. The …

I. RAVINDRA REDDYversusSHAIK. KHADER MASTHAN AND ORS.

2008 INSC 904Case Allowed

The case involved the murder of a man (the deceased) who was last seen with accused A‑1 and A‑2. The prosecution relied on circumstantial evidence: the victims' last sighting with the accused, purchase of knives by the accused, discovery of a skeleton and burnt items, and identification of the …

SATYA NARAIN YADAVversusGAJANAND AND ANR.

2008 INSC 887Dismissed

The case arose from the murder of Devi Lal, who was killed by Gajanand with an axe while a dispute over grazing goats escalated. The trial court convicted Gajanand under s.302 IPC and sentenced him to life imprisonment, but the Rajasthan High Court acquitted him, accepting his claim of exercising …

VALSON AND ANR.versusSTATE OF KERALA

2008 INSC 888Dismissed

The State of Kerala appealed a trial court acquittal of Valson and others for offences including murder (IPC s.302) and assault (s.324) read with s.34. The High Court reversed the acquittal, convicting two accused and sentencing them to life imprisonment. The Supreme Court examined the scope of …

SUBODH S. SALASKARversusJAYPRAKASH M. SHAH & ANR.

2008 INSC 890Case Allowed

The appellant had taken a loan and issued post‑dated cheques which were later dishonoured; a legal notice was sent on 17‑01‑2001 and a complaint under Section 138 of the Negotiable Instruments Act was filed on 20‑04‑2001, later amended to include Section 420 IPC. The High Court held that the …

GHUREY LALversusSTATE OF U.P.

2008 INSC 877Appeal(s) allowed

Ghurey Lal was tried for murder under IPC s.302 and related offences. The trial court acquitted him, finding that the prosecution's version of a single shot causing both a bullet wound to the deceased and pellet injuries to a witness was implausible, based on medical and ballistic expert testimony …

SHIVJEE SINGH AND ORS.versusSTATE OF BIHAR

2008 INSC 879Disposed off

The case arose from a violent incident on Holi in 1993 where Satya Narain Singh and his son Ambika Singh, along with several others, threw stones at a house and Ambika Singh fired a gun, killing one person and injuring others. The trial court convicted the accused under Sections 302, 148, 149 of the …

PONNAM CHANDRAIAHversusSTATE OF A.P.

2008 INSC 880Case Partly allowed

Sixteen accused attacked the deceased with weapons, leading to his death. The trial court convicted all under sections 147, 148, 149, 302 and related provisions, and the High Court upheld convictions of some while acquitting others. On appeal, the Supreme Court examined whether the relatives of the …

NASIRUDOIN KHAN AND ORS.versusSTATE OF BIHAR

2008 INSC 873Disposed off

The appellants attacked an informant and his brothers with weapons over a land dispute, causing injuries that led to a police complaint. They claimed they acted in private defence, but the trial court convicted one appellant under IPC Section 304 Part I (culpable homicide not amounting to murder) …

STATE OF HARYANAversusSHIBU @ SHIV NARAIN AND ORS.

2008 INSC 866Dismissed

The State of Haryana appealed the acquittal of Shibu alias Shiv Narain and two others who were charged with murder of Vijay under IPC s.302, s.34. The trial court had convicted them, but the Punjab & Haryana High Court acquitted, holding that the alleged eye‑witnesses were not present and that the …

SANNAIA SUBBA RAO & ORS.versusSTATE OF A.P.

2008 INSC 861Case Partly allowed

The case involves the kidnapping of a 16‑year‑old girl in 1992. The girl was later found and gave a written report alleging kidnapping, but her trial testimony was later embellished with claims of sexual abuse and an attempt to sell her into prostitution. The trial court acquitted all three accused …

RAJBABU & ANR.versusSTATE OF M.P.

2008 INSC 862Case Allowed

The deceased Shanti Bai set herself on fire in 1988 and, in her dying declaration, exonerated all members of her matrimonial home. The trial court convicted her husband and mother‑in‑law under IPC sections 306 (abetment of suicide) and 498A (cruelty) based largely on the dying declaration and a …

SURAJ SINGHversusARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.]

2008 INSC 863Dismissed

Suraj Singh and his wife were tried for the murder of Jagat Singh. The trial court acquitted both, relying on a perceived discrepancy between eye‑witness testimony and medical evidence. The Allahabad High Court set aside Suraj Singh's acquittal, convicted him under s.302 IPC and sentenced him to …

MANGOO @ MANGAL SINGHversusSTATE OF M.P.

2008 INSC 865Appeal(s) allowed

Five persons were tried for murder under s.302 read with s.149 IPC. The trial court convicted all and sentenced them to life imprisonment. The High Court dismissed the appeal, upholding the conviction. Three of the accused filed Special Leave Petitions, and this Court altered their conviction to …

MUNIGADPPA MEENAIAHversusTHE STATE OF ANDHRA PRADESH

2008 INSC 858Dismissed

Munigadapa Meenaiah was convicted of murdering his brother's widow, Yellamma, by striking her with a pestle after suspecting her fidelity. The prosecution relied on the testimony of Yellamma's sons (PW1 and PW10) and a toddy shopkeeper (PW2) who saw the accused and the deceased together, the …

BANTUversusTHE STATE OF U.P.

2008 INSC 859Dismissed

The appellant Bantu was convicted of raping a five‑year‑old girl and murdering her by inserting a wooden stick into her vagina, leading to her death. The trial court sentenced him to death under IPC sections 302, 376 and 364, a decision affirmed by the High Court. On appeal, the Supreme Court …

RAJ RAJENDRA SINGH SETH @ R.R.S. SETHversusTHE STATE OF JHARKHAND AND ANR.

2008 INSC 855Dismissed

Doctor R.R.S. Seth demanded Rs 500 from a relative of a patient for proper medical treatment, directing the payment to be made to his ward boy Nag Narain who would pass it on. A CBI‑led trap recovered the money and the doctor and ward boy were arrested. They were convicted under IPC sections 1208 …

SONELALversusSTATE OF M.P.

2008 INSC 856Dismissed

The appellant Sone Lal was convicted of murdering Ram Khilawan after the victim's wife and son testified that he stabbed the deceased three times. The trial court, supported by forensic evidence linking the blood on the knife to the victim, sentenced him to life imprisonment, a decision affirmed by …

SHAMBHOO SINGHversusSTATE OF RAJASTHAN

2008 INSC 857Case Partly allowed

Shambhoo Singh was convicted of murder (Sec. 302 IPC) and offences under Secs. 447, 307 and 324 for stabbing his neighbour during a land dispute. The trial court sentenced him to life imprisonment for murder and additional terms for the other offences. The appellant argued that the killing occurred …

SWAMY SHRADDANANDA @ MURALI MANOHAR MISHRAversusSTATE OF KARNATAKA

2008 INSC 853Disposed off

Swamy Shraddananda, convicted of murdering his wife Shakereh under sections 302 and 201 IPC, was sentenced to death by the trial court and the Karnataka High Court affirmed the sentence. The Supreme Court, hearing a split decision on sentencing, noted that while the murder was cold‑blooded and …

CENTRAL BUREAU OF INVESTIGATION, NEW DELHIversusM.N. SHARMA

2008 INSC 848Case Allowed

The respondent, a Sub‑Registrar, was convicted by a Special Judge under the Prevention of Corruption Act, 1988 and Section 120‑B IPC and sentenced to rigorous imprisonment. While his appeal was pending, he filed an application under Section 389(1) read with Section 482 of the CrPC seeking suspension …

STATE OF U.P. AND ANR.versusNITIN AGNIHOTRI AND ANR.

2008 INSC 849Case Allowed

The father (respondent No.2) lodged an FIR under Section 366 IPC alleging that Nitin Agnihotri (respondent No.1) abducted his daughter. The High Court quashed the FIR and, despite finding no police lapse, imposed a cost of Rs.50,000 on the State and the complainant. The State appealed, contending …

INSPECTOR OF POLICE, TAMIL NADUversusBALAPRASANNA

2008 INSC 850Dismissed

The case involved the murder of Mayurani, a Sri Lankan student, and the conviction of Balaprasanna under Section 302 IPC based primarily on circumstantial evidence and confessional statements that led to the recovery of various items. The prosecution relied on statements made by the accused while in …

STATE OF KARNATAKAversusBANTARA SUDHAKARA @ SUDHA & ANR.

2008 INSC 842Case Allowed

The State of Karnataka appealed the Karnataka High Court’s acquittal of two tailors accused of raping two girls. The trial court had convicted them under Section 376 of the Indian Penal Code, relying on school certificates and the headmaster’s testimony that the victims were under 16 years of age. …

KANDASWAMYversusSTATE OF TAMIL NADU

2008 INSC 839Appeal(s) allowed

The appellant Kandaswamy was convicted by the trial court for murder under Section 302 of the Indian Penal Code after allegedly cutting the deceased Alagarsamy, leading to his instantaneous death. On appeal, the central issue was whether the facts satisfied the legal requirements for murder or …

ASRAF ALIversusSTATE OF ASSAM

2008 INSC 840Case Allowed

The appellant Asraf Ali was charged with murder of Khairul Hoque and was convicted by the trial court under IPC s.304(Part I) and later by the High Court under s.304(Part II). The conviction was based on circumstantial evidence, but the Supreme Court observed that during the examination under …

KULDEEP SINGHversusSTATE OF HIMACHAL PRADESH

2008 INSC 837Dismissed

The appellant, Kuldeep Singh, was the driver of a truck carrying a marriage party of about fifty people when the vehicle allegedly lost control, rolled over and caused the death of four persons and injuries to many others. He was acquitted by the trial court, but the Himachal Pradesh High Court …