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Indian Penal Code

17481 judgments · newest first · showing 15201–15400

STATE OF PUNJABversusKULWANT SINGH @ KANTA

2008 INSC 833Dismissed

The State of Punjab prosecuted Kulwant Singh (alias Kanta) for three murders and one attempt to murder that occurred in a marriage palace, leading the trial court to convict him under IPC s.302 and s.307 and award death. The High Court acquitted him, citing irregularities such as a month-long delay …

KASHI PRASADversusSTATE OF UTTAR PRADESH

2008 INSC 834Case Partly allowed

The case arose when the informant’s bullocks strayed into the field of Kashi Prasad, leading to a verbal altercation that escalated into a physical fight. During the scuffle Kashi Prasad struck the deceased Lachhi Ram with a spear, causing injuries that proved fatal. The trial court convicted the …

SHASHI MOHANversusSTATE OF M.P.

2008 INSC 829Case Allowed

The case involved three accused (A1, A2, A3) charged with murder under Section 302 read with Section 34 of the Indian Penal Code. A3 fired the fatal shots, while A2 was unarmed, did not perform any overt act, and no evidence linked him to a common intention with the others. Both the trial court and …

MOTI LALversusSTATE OF M.P.

2008 INSC 830Dismissed

Motilal Gadariya was convicted for raping his neighbour's wife, a married woman, under IPC sections 376(1) and 450 and for an offence under the SC/ST (Prevention of Atrocities) Act. The trial court sentenced him to five years for the offence against a married woman and seven years for rape; the High …

RAJ KUMARversusSTATE OF H.P.

2008 INSC 818Dismissed

Raj Kumar, a bus driver, was convicted under IPC sections 279 (rash driving) and 304A (causing death by negligence) after a collision caused the deaths of two children. The trial court sentenced him to one year of rigorous imprisonment and a fine; the Sessions Court dismissed his appeal, and the …

SHAIKH AZIM @ VAKIL @ KUKUversusSTATE OF MAHARASHTRA

2008 INSC 821Case Allowed

Shaikh Azim, residing next to the deceased Abdul Jabbar Qureshi, got into a heated verbal altercation with the deceased's family over alleged filth being thrown across the boundary. During the ensuing fight, Azim struck the deceased on the head with a stick, causing a fatal bleeding injury; the …

STATE OF PUNJABversusNAVRAJ SINGH

2008 INSC 822Case Allowed

Navraj Singh, a Patwari, was convicted under the Prevention of Corruption Act, 1988 (ss.7, 13(1)(d) r.w. s.13(2)) and sentenced to three years' rigorous imprisonment. He appealed the conviction and, after the appeal was admitted, applied under CrPC s.389(1) read with s.482 for suspension of the …

DUMPALA CHANDRA REDDYversusNIMAKAYALA BALIREDDY AND ORS.

2008 INSC 819Appeal(s) allowed

The accused were charged with offences under Sections 147, 148, 149 and 302 of the Indian Penal Code for stabbing the deceased to death. The Trial Court convicted them under Sections 148 and 302 IPC and imposed life imprisonment for murder. On appeal, the Andhra Pradesh High Court altered the …

BHARAT PARIKHversusC.B.I. & ANR.

2008 INSC 824Dismissed

The appellant, Bharat Parikh, was charged in a special CBI case in 1996. After five years he sought production of certain documents, which were eventually produced in 2002, and then applied for reopening of the case and discharge. The Special Judge rejected the application, and the Bombay High Court …

STATE OF MADHYA PRADESHversusIMRAT AND ANR.

2008 INSC 813Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court order that reduced the conviction of Imrat and others from attempt to murder (s.307 r/w s.34 IPC) to voluntarily causing grievous hurt (s.326 r/w s.34 IPC) and reduced their sentences. The facts involved a property dispute where the accused, …

MADAN AND ORS.versusSTATE OF MADHYA PRADESH

2008 INSC 814Case Partly allowed

The appellants entered the deceased's house at night, broke the door and assaulted the deceased and his family with lathis, resulting in the deceased's death. They claimed the right of private defence, arguing they were protecting their property from the deceased's alleged complaint. The trial court …

MAHILA VINOD KUMARIversusSTATE OF MADHYA PRADESH

2008 INSC 816Dismissed

Mahila Vinod Kumari filed a rape complaint against two men, who were later acquitted when she recanted her statement during trial, claiming she had never been raped. The trial court found that she had deliberately fabricated false evidence and, under Section 344 of the Code of Criminal Procedure, …

KURIACHAN CHACKO & ORS.versusSTATE OF KERALA

2008 INSC 795Dismissed

The appellants, partners of a firm selling lotteries and magazines, floated a scheme promising investors a double return after the enrolment of 14 additional members. The police charged them under the Prize Chits & Money Circulation Scheme (Banning) Act, 1978 (sections 2(c), 3, 4, 5), the Reserve …

BALJ NATHversusSTATE OF UTTAR PRADESH

2008 INSC 796Dismissed

Baijnath and his cousin Kalika Prasad were involved in a land dispute that was being settled by a village Panchayat. During the meeting Baijnath struck Kalika on the head with a lathi, causing severe head injury; Kalika later died from the injury. The trial court convicted Baijnath under Section 304 …

BHUPINDER SINGHversusUNION TERRITORY OF CHANDIGARH .

2008 INSC 797Dismissed

Bhupinder Singh, already married, concealed his first marriage and married Manjit Kaur, who later discovered his prior marriage, gave birth, and filed a complaint. He was convicted by the trial court under Sections 376 and 417 IPC and sentenced to seven years' rigorous imprisonment. The High Court …

STATE OF RAJASTHANversusGULAB SINGH AND ORS.

2008 INSC 798Case Allowed

The deceased, Jyoti, was found dead with her hands and face tied and twelve ante‑mortem injuries on her body. The trial court convicted the accused under Section 302 read with Section 34 of the Indian Penal Code (IPC) for murder. On appeal, the Rajasthan High Court altered the conviction to Section …

SATISH SITOLEversusSMT. GANGA

2008 INSC 806Disposed off

Satish Sitole and Smt. Ganga were married on 22 May 1992. The wife left the matrimonial home in August 1994 and the parties lived apart for 14 years, during which they filed multiple suits including a dowry complaint under IPC 498‑A and a petition for divorce under Sections 13(1)(ia) and (ib) of the …

NOOR AGAversusSTATE OF PUNJAB & ANR.

2008 INSC 785Case Allowed

The appellant, an Afghan national, was seized at Raja Sansi Airport with 22 packets of heroin and later arrested after a 15‑hour delay. He initially confessed to customs officials but later retracted, and was convicted under Sections 22 and 23 of the NDPS Act, a judgment affirmed by the High Court. …

STATE OF MAHARASHTRAversusGAJANAN @ HEMANT JANARDHAN WANKHEDE

2008 INSC 788Case Allowed

The accused was convicted by the trial court for kidnapping (IPC ss.363, 366) and rape (IPC s.376) of a girl who was 14 years old at the time of the offence, based on school records showing her date of birth as 4‑6‑1976 and medical evidence confirming her age. The High Court set aside the …

GENOA SINGH AND ORS.versusSTATE OF U.P.

2008 INSC 790Case Partly allowed

The appellants, Genoa Singh and others, were convicted for the murder of the complainant's father and uncle after a dispute over a field boundary. They claimed the violence was in exercise of the right of private defence. The Supreme Court examined the scope of Sections 96‑106 of the IPC, the burden …

RADHEversusSTATE OF CHHATTISGARH

2008 INSC 768Dismissed

The appellant, Radhe, was convicted under Section 302 IPC for the murder of Gyan Singh after he allegedly chopped both of the deceased's legs and inflicted other injuries during a quarrel. He appealed, claiming the acts were in private defence, arguing that he feared for his life and property. The …

STATE OF U.PversusBHAIYA LAL VERMA

2008 INSC 764Case Allowed

Bhaiya Lal Verma, an accountant in the District Agriculture Office, was caught accepting a bribe of Rs.150 after a trap was laid by the District Magistrate. Marked currency notes were recovered from him and he was convicted under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 …

MURUGANversusSTATE OF TAMIL NADU

2008 INSC 775Dismissed

The appellant Murugan, employed as an assistant in the ground‑floor shop of PW‑1, was observed by PW‑1 through a window strangling PW‑1’s wife, who later died. PW‑1 chased the accused, who fled and later was arrested; blood‑stained clothing of the accused was recovered. The trial court convicted …

NATRAJ CHINNAPPA NAIRversusSTATE OF MAHARASHTRA

2008 INSC 776Dismissed

The appellant, Natraj Chinnappa Nair, was brought to the police station by his mother after allegedly consuming poison and confessing to assaulting his wife in a fit of anger. The victim was found injured with incised wounds caused by a chopper and later died; the chopper and a blouse were recovered …

KUSUMA ANKAMA RAOversusSTATE OF ANDHRA PRADESH

2008 INSC 777Dismissed

Kusuma Ankama Rao was convicted for murdering Gottapu Adilakshmi after the prosecution presented circumstantial evidence that the accused and the deceased were last seen together and the body was found the next day. The accused also made an extra‑judicial confession before a Village Administrative …

ROOP SINGH @ RUPAversusTHE STATE OF PUNJAB

2008 INSC 761Case Allowed

The appellant Roop Singh was convicted along with two others for the murder of Jarnail Singh under Sections 302, 34 and 449 of the IPC, based primarily on circumstantial evidence such as a left‑foot print, a fingerprint on a liquor bottle, an alleged extra‑judicial confession and an eyewitness …

NATIONAL CAPITAL TERRITORY OF DELHI & ANR.versusUMESH KUMAR

2008 INSC 760Disposed off

Umesh Kumar, a Delhi police constable, was granted a licence for a .315 bore rifle which was cancelled under Section 17(3) of the Arms Act on the ground that he was involved in a criminal case (FIR No. 254/1991) for offences under IPC sections 302, 307, 34 and Arms Act sections 25, 27, 54. He was …

SYED PEDA AOWLIAversusPUBLIC PROSECUTOR, HIGH COURT OF AP., HYDERABAD

2008 INSC 752Dismissed

Five persons were tried for murder under Section 302 read with Section 34 of the IPC. The trial court acquitted all, finding the prosecution’s case unproved. The State appealed under Section 378(1) and (3) of the CrPC. The Andhra Pradesh High Court upheld the acquittal of four accused but convicted …

MD. KALAMversusTHE STATE OF BIHAR

2008 INSC 753Case Partly allowed

The case arose from an FIR lodged by the mother of a six‑year‑old girl alleging that the appellant had taken the child to a secluded place and raped her on 25 November 1997. The trial court and the Patna High Court convicted the appellant under Section 376 read with Section 511 of the IPC and …

SHRI SHANKAR PRASAD GHOSH (DEAD)versusTHE STATE OF BIHAR & ANR.

2008 INSC 754Disposed off

Shankar Prasad Ghosh was convicted under several provisions of the IPC and the Prevention of Corruption Act, and his conviction was upheld by the High Court with altered sentences. He filed a special leave appeal before the Supreme Court, but died while the appeal was pending. Five years after his …

HEMCHAND JHAversusSTATE OF BIHAR

2008 INSC 755Dismissed

The appellant Hemchand Jha and two co‑accused approached a jeep at a petrol pump; Kripal Singh fired a pistol, killing Krishna Singh. Hemchand Jha was driving the motorcycle and was present at the scene but did not fire the weapon. He was convicted under Section 302 read with Section 34 of the IPC. …

NEHRU @ JAWAHARversusSTATE OF CHHATTISGARH

2008 INSC 757Dismissed

The appellant, Nehru @ Jawahar, was convicted under Section 376 of the Indian Penal Code for raping a girl who initially claimed to be 14 years old, later found to be about 16. The appellant argued that the prosecution case was inconsistent because the medical examination was recorded at 9:15 AM …

KATTA SURENDERAversusSTATE OF A.P.

2008 INSC 758Case Partly allowed

A dispute over a road between two villages escalated into violence, during which the accused A‑1 stabbed a villager (D‑1) who later died. The accused claimed he acted in private defence. The trial court convicted him under Section 302 IPC (murder) with life imprisonment; the High Court upheld this …

BAIJNATH JHAversusSITA RAM AND ANR.

2008 INSC 749Appeal(s) allowed

The Supreme Court examined an appeal by three officers who had participated in a raid on a electricity theft case, challenging the dismissal of their petition under Section 482 of the CrPC. After the raid, the accused filed a complaint alleging that the officers demanded illegal gratification, but …

HARDEEP SINGH & ORS.versusSTATE OF HARYANA

2008 INSC 746Case Partly allowed

Four accused—Gurcharan Singh, Hardeep Singh, Harjinder Singh and Jaswinder Singh—attacked the deceased Amrik Singh with weapons, causing multiple injuries that led to his death. Gurcharan Singh exhorted the others; Hardeep and Harjinder delivered fatal blows to the head, while Jaswinder struck the …

VIMAL CHADHAversusVIKAS CHOUDHARY AND ANOTHER

2008 INSC 737Appeal(s) allowed

The case involved the kidnapping, ransom demands and subsequent murder of Parkash Chadha. Respondent No.1, Vikas Choudhary, initially did not claim to be a juvenile but later applied for transfer to the Juvenile Justice Board, producing a school leaving certificate. The trial court relied on a …

DILBAGH SINGHversusSTATE OF PUNJAB

2008 INSC 738Dismissed

The appellant, Dilbagh Singh, was convicted for the murder of his brother's sibling, Jagmail Singh, who was shot dead on 9 May 1992 during a dispute over extremist activities. The prosecution proved that Dilbagh Singh, along with Jasbir Singh and an unknown accomplice, opened fire with …

M. SARAVANA PORSELVIversusA.R. CHANDRASHEKAR @ PARTHIBAN & ORS.

2008 INSC 739Dismissed

The wife and husband entered into a registered customary divorce agreement in 1996, with the wife receiving permanent alimony. The husband remarried in 1998, and ten years later the wife filed a complaint alleging cruelty under Section 498A IPC and bigamy under Section 494 IPC, leading to an FIR. …

DR. MONICA KUMAR & ANR.versusSTATE OF U. P. & ORS.

2008 INSC 740Disposed off

Dr. Monica Kumar and her brother filed petitions under s.482 CrPC to quash two criminal cases filed against them while they were MBBS students, alleging that the complaints were motivated by the vindictive actions of the college chairman, Dr. P. Mahalingam, after a loan dispute. The High Court …

LATU MAHTO & ANR.versusTHE STATE OF BIHAR (NOW JHARKHAND)

2008 INSC 696Appeal(s) allowed

The State prosecuted eleven accused, including Latu Mahto, for the murder of Budhu Mahto and related assaults, alleging they formed an unlawful assembly under Section 149 IPC. The trial court convicted all accused under Sections 302/149 IPC and sentenced them to life imprisonment. On appeal, the …

VENKATESANversusSTATE OF TAMIL NADU

2008 INSC 688Appeal(s) allowed

The appellant A2 was convicted under Section 302 IPC for the murder of Rajendran based largely on the testimony of witnesses who claimed to have seen the deceased with the accused on a Tuesday, without specifying the exact date. The trial court and the Madras High Court upheld the conviction despite …

MOHAN ANNA CHAVANversusSTATE OF MAHARASHTRA

2008 INSC 689Dismissed

Mohan Anna Chavan was convicted of kidnapping, raping and murdering two minor girls aged five and ten. The prosecution relied on a chain of circumstantial evidence, including the victims' last seen with the accused, his extra‑judicial confession, forensic matches of blood on his clothes and nail …

STATE OF KARNATAKAversusCHIKKAHOTTAPPA @ VARADE GOWDA & ORS.

2008 INSC 690Appeal(s) allowed

The State of Karnataka appealed against a Karnataka High Court judgment that had acquitted one accused (A4) and altered the murder convictions of seven others to grievous‑hurt convictions under S.326 r/w S.149 IPC. The facts involved eight persons, members of an unlawful assembly, who assaulted the …

V.R. DALAL & ORS.versusYOUGENDRA NARANJI THAKKAR & ANR.

2008 INSC 697Appeal(s) allowed

The respondent, a partner of a dissolved firm, filed a criminal complaint alleging that the appellants, partners of another firm, conspired to deprive him of his share by cancelling the partnership deed without following proper dissolution procedures, invoking sections 405 and 420 of the Indian …

BHANWAR SINGH & ORS.versusSTATE OF M.P.

2008 INSC 694Case Partly allowed

The case involved an armed clash between two village groups in Kantharia, Madhya Pradesh, where Prem Singh was killed and several others injured. The trial court convicted eighteen accused under Sections 302, 149, 147, 148, 307, 323 and 324 IPC, but the High Court altered some findings, especially …

S. MOHANversusCENTRAL BUREAU OF INVESTIGATION

2008 INSC 693Appeal(s) allowed

The case concerned the purchase of CANCIGO units worth Rs 33 crore by broker Hiten P. Dalal on behalf of Canbank Financial Services Ltd. (CANFINA) and the alleged involvement of senior CANFINA officials S. Mohan and others. The prosecution alleged that the units, issued in the names of Andhra Bank …

DALBIR SINGHversusSTATE OF HARYANA

2008 INSC 682Dismissed

Dalbir Singh, the nephew of Ram Pratap, was convicted of murder (IPC s.302) and rioting (IPC s.148) for killing his uncle over a property dispute. The sole eyewitness, the victim's father Surja Ram (PW‑8), identified Dalbir by his voice in a dark‑night setting, though he could not name the other …

AMOL SINGHversusSTATE OF M.P.

2008 INSC 685Appeal(s) allowed

Amol Singh and another were convicted for the murder of Saraswati Bai under IPC s.302 r.w. s.34. The deceased gave two dying declarations, one recorded by an ASI and another by an Executive Magistrate, which differed on the motive and the manner of being doused with kerosene. The High Court held the …

PANNEERSELVAMversusSTATE OF TAMIL NADU

2008 INSC 679Appeal(s) allowed

Five police officials were convicted for the murder of Arunbharathi, who died from burn injuries. The trial court relied on a dying declaration recorded by a Revenue Divisional Officer (RDO) four days before the victim's death, while discarding earlier statements to doctors where the victim claimed …

SHAUKAT HUSSAIN GURUversusSTATE (NCT) DELHI & ANR.

2008 INSC 675Dismissed

The petitioners, accused in the 2001 Parliament attack, were originally convicted of several offences under POTA, the IPC and the Explosive Substances Act, with death sentences imposed. The Supreme Court partially set aside the convictions, substituting a conviction under IPC s.123 (concealment of …

FATMA BIBI AHMED PATELversusSTATE. OF GUJARAT & ANR.

2008 INSC 645Appeal(s) allowed

The appellant, a citizen of Mauritius, was served with a summons after a complaint by her daughter‑in‑law alleging physical and mental torture, allegedly committed in Kuwait. All parties were residents of Kuwait and were in India on visitor visas when the complaint was filed. The Chief Judicial …

NARAYANAMURTHYversusSTATE OF KARNATAKA AND ANR.

2008 INSC 646Appeal(s) allowed

The appellant Narayanamurthy was convicted by the Karnataka High Court under Sections 498A and 3048 of the IPC for the alleged dowry death of his wife Jagadeshwari. The prosecution alleged that the accused and his parents harassed the deceased for not providing dowry and that she committed suicide …

SIRIYA@ SHRI LALversusSTATE OF MADHYA PRADESH

2008 INSC 647Dismissed

The appellant, a father, was convicted under Section 376 of the Indian Penal Code for raping his minor daughter, with the prosecution relying on three eyewitnesses, medical examination reports, and age verification by X‑ray. The trial court sentenced him to life imprisonment and a fine, a sentence …

RAMACHANDRANversusR. UDHAYAKUMAR & ORS.

2008 INSC 649Case Partly allowed

The appellant was convicted in a murder case and sought, through a petition under Section 482 of the CrPC, to have the investigation transferred to the Central Bureau of Investigation for a fresh probe. The Madras High Court ordered the case to be re‑investigated afresh by the CBI. The appellant …

B. NAGABHUSHANAMversusSTATE OF KARNATAKA

2008 INSC 650Dismissed

The appellant, a bus driver, was prosecuted for causing the death of a seven‑year‑old child by allegedly driving rashly and negligently, offences punishable under Sections 279 and 304A of the Indian Penal Code. The trial court convicted him and sentenced him to one year’s simple imprisonment with a …

TULSIRAM & ORS.versusSTATE OF M.P.

2008 INSC 651Appeal(s) allowed

The appellants were convicted under Sections 325 and 323 read with Section 34 of the IPC for allegedly assaulting two passengers with lethal weapons. On appeal, the Supreme Court examined the credibility of the prosecution's key witnesses, noting that the star witness (PW5) was declared hostile and …

UNITED INDIA INSURANCE CO. LTD.versusAJAY SINHA AND ANOTHER

2008 INSC 654Appeal(s) allowed

The respondents, owners of insured goods, claimed insurance reimbursement after a burglary, which the insurer denied. The dispute was taken to the Permanent Lok Adalat (PLA) under the Legal Services Authorities Act, 1987, despite a pending criminal case for the alleged non‑compoundable offence of …

RAHIMBUXversusSTATE OF M.P.

2008 INSC 633Dismissed

The appellant, Rahim Bux, was convicted under Section 302 IPC for murdering his brother-in-law while chasing his brother-in-law with a sword after a quarrel. The appellant argued that he only intended to injure the brother-in-law and that the death of the brother was accidental, seeking to have the …

SIDHARTHA VASHISHT @ MANU SHARMAversusSTATE (NCT OF DELHI)

2008 INSC 634Disposed off

Manu Sharma was acquitted by the trial court of murder (IPC 302 r/w 201, 120B) and an Arms Act offence, but the Delhi High Court set aside the acquittal, convicted him and sentenced him to life imprisonment. While his appeal against the conviction was pending before the Supreme Court, he filed an …

GIRISH SINGHversusSTATE OF UTTARANCHAL

2008 INSC 625Dismissed

Girish Singh was convicted under Section 304 Part I of the IPC for pushing the deceased, Sageer Ansari, causing his fall and death. The appellant argued that the charge should be under Section 304A, which deals with death caused by negligence, contending there was no intention or knowledge to cause …

STATE OF MEGHALAYA & ORS.versusMECKEN SINGH N.MARAK

2008 INSC 628Appeal(s) allowed

The respondent, a Sub‑Inspector of Police, was instructed to transport pay and a service revolver to Shillong in a departmental vehicle but instead travelled by bus, resulting in the loss of Rs.17,314 and the revolver with ammunition. A departmental inquiry proved his misconduct and the competent …

UNION OF INDIA AND ORS.versusBIPAD BHANJAN GAYEN

2008 INSC 629Appeal(s) allowed

The respondent was appointed as a probationary constable in the Railway Protection Force in 1993 and filled an attestation form stating he had no criminal cases. Verification later revealed pending FIRs under Sections 376 and 417 of the IPC, which the respondent had omitted. The Chief Security …

KRISHNANversusSTATE REPRESENTED BY INSPECTOR OF POLICE

2008 INSC 608Case Allowed

Krishnan (A-1) and Tamilarasi (A-2) were convicted under Section 302 read with Section 34 of the IPC for the murder of Rasitha Begum, the wife of PW‑1, based solely on circumstantial evidence. The trial court and the Madurai High Court upheld the conviction despite the absence of any direct evidence …

M. NATARAJANversusSTATE BY INSPECTOR OF POLICE, SPE, CBI, ACB CHENNAI

2008 INSC 600Dismissed

The appellant, M. Natarajan, was charged under IPC sections 120B, 420, 467 and 471, and the Prevention of Corruption Act for preparing fabricated documents that facilitated the customs clearance of an imported car under the Transfer of Residence scheme. He claimed that the Kar Vivad Samadhan Scheme …

TARAKANATH KARversusLIPIKA KAR

2008 INSC 603Appeal(s) allowed

The appellant, Taraknath Kar, a court employee, was alleged to have married twice—first to Chandana and later to Lipika, who filed a maintenance suit under Section 125 of the CrPC. The trial court granted maintenance to Lipika, but the High Court set aside that order and directed a fresh hearing. …

LALIT KUMAR SHARMA AND ANR.versusSTATE OF U.P. & ANR.

2008 INSC 589Case Allowed

Mis. Mediline India (P) Ltd obtained a loan of Rs.5,00,000 and issued two cheques which bounced for insufficient funds. A complaint under Section 138 of the Negotiable Instruments Act and Section 420 IPC was filed against two directors, Ashish Narula and Manish Arora, who were later convicted. While …

KOTIKALAPUDI SUBBA RAOversusSTATE OF AP. & ANR.

2008 INSC 597Appeal(s) allowed

The appellant borrowed Rs.30,000 from the deceased and, after refusing to repay, was slapped and threatened the deceased. The following day the appellant, with two accomplices, attacked the deceased with knives, causing his death, and grievously injured a bystander (PW1). The trial court convicted …

ASHOK KUMAR CHAUDHARY & ORS.versusSTATE OF BIHAR

2008 INSC 581Case Partly allowed

The appellants were convicted under IPC §§ 324, 307 and 34 for assaulting victims in a market. They challenged the convictions on the grounds that the prosecution relied on testimony of relatives of the victim, that no independent public witnesses were examined, that there was an inordinate delay in …

MADHUBANversusSTATE OF U.P.

2008 INSC 582Case Allowed

The appellant was convicted of murder and related offences under Sections 302, 323, 394 read with Section 34 of the IPC for the killing of a father and son. The High Court affirmed the conviction but, according to the appellant, decided the appeal without hearing his counsel, who was unable to make …

BABULAL BADRIPRASAD VARMAversusSURAT MUNICIPAL CORPORATION & ORS.

2008 INSC 574Dismissed

The appellant, a tenant of a plot acquired for a road‑widening scheme, challenged the final allotment of re‑allotted plots on the ground that he had not been served a special notice as required by Sections 52 and 53 of the Gujarat Town Planning and Urban Development Act. The Court held that Rule 26 …

HARENDRA SARKARversusSTATE OF ASSAM

2008 INSC 575Matter referred to larger bench

In December 1992, during communal riots triggered by the demolition of the Babri Masjid, an armed mob entered the house of Taheruddin, killing his wife and two young daughters and injuring several family members. The trial court convicted eight accused under IPC sections 302, 134 and 448, but the …

SUDHIR KUMAR BHALLAversusJAGDISH CHAND ETC. ETC.

2008 INSC 568Disposed off

Sudhir Kumar Bhalla, a partner of a trading firm, issued six cheques to Jagdish Chand and his wife Ramesh Rani for payment of goods. Five of the cheques were dishonoured, leading the respondents to file complaints under Section 138 of the Negotiable Instruments Act and various provisions of the IPC. …

PUNJAB NATIONAL BANK BY CHAIRMAN & ANR.versusASTAMIJA DASH

2008 INSC 563Disposed off

Astamija Dash, a Management Trainee at Punjab National Bank, was terminated after failing to pass the bank's confirmation test despite being given three attempts and citing pregnancy‑related health issues. She claimed discrimination because another trainee, Indubala, was allowed a fourth attempt. …

KESAR SINGH & ANR.versusSTATE OF HARYANA

2008 INSC 541Case Partly allowed

The appellants Kesar Singh and another were excavating a foundation on land they owned when the victim, the father of a witness, demanded a passage. After being urged to "teach him a lesson," Kesar Singh struck the victim on the head with the reverse side of a spade, causing a serious head injury …

VISWANATHAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 542Disposed off

The Supreme Court examined a gang‑rape case where the victim, a married woman with two children, was found unconscious and naked after being chased and assaulted by six men. The victim suffered no external injuries, and the FIR was lodged a day after the incident. The Court held that lack of injury …

UDAYKUMAR PANDHARINATH JADHAV @ MUNNAversusSTATE OF MAHARASHTRA

2008 INSC 550Case Partly allowed

Udaykumar Pandharinath Jadav (Munna) was convicted under Section 302 IPC for the murder of Shivraj. Two eye‑witnesses testified, and one witness, in cross‑examination, stated that the deceased first attacked the accused with a knife, leading to a scuffle in which the accused disarmed and stabbed the …

MACHINDRANATH KERNATH KASARversusD.S. MYLARAPPA & ORS.

2008 INSC 556Dismissed

A bus owned by the Karnataka State Road Transport Corporation collided with a truck, injuring several passengers and the bus driver. Both the passengers and the driver filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. The Tribunal held …

YOGESH @ SACHIN JAGDISH JOSHIversusSTATE OF MAHARASHTRA

2008 INSC 534Appeal(s) allowed

The appellant, a minor at the time, was alleged to have conspired with his family members, an employee and a friend to murder Kunal Parihar, the complainant's son, based largely on threatening phone calls and a motive of a disputed marriage. The prosecution charged the appellant and fifteen others …

DINESH M.N. (S.P.)versusSTATE OF GUJARAT

2008 INSC 532Dismissed

The appellant, a senior IPS officer of Rajasthan, was arrested in connection with the alleged fake encounter killings of Sohrabuddin and his wife. The trial court granted him regular bail under Section 439 of the Cr.P.C., relying on the accused's clean service record and the alleged criminal …

DR. NARENDRA K AMINversusSTATE OF GUJARAT AND ANR.

2008 INSC 533Dismissed

Dr. Narendra Kamin, accused in the Sohrabuddin fake‑encounter case and charged with several serious offences under the IPC and the Arms Act, was granted bail by the Additional City and Sessions Judge. The State of Gujarat filed an application under Section 439(2) of the Code of Criminal Procedure to …

SUNEET GUPTAversusANIL TRILOKNATH SHARMA & ORS.

2008 INSC 535Dismissed

The appellant, Suneet Gupta, entered into a partnership with M/s K.M. Agencies, which later faced a dispute when the other partner joined M/s Mangla Agencies and allegedly misrepresented the firm's status to the principal, Johnson & Johnson, resulting in payment to the latter firm. Gupta filed a …

ANJAN1 KUMARversusSTATE OF BIHAR AND ANR.

2008 INSC 523Case Allowed

The appellant, a public servant, conducted a raid on a medical shop and seized medicines, later filing an FIR against respondent No.2. In retaliation, respondent No.2 lodged a complaint alleging the appellant had committed offences under IPC sections 161, 167, 465, 466, 469 and 471. The District …

THE MANAGING DIRECTOR, STATE BANK OF HYDERABAD AND ANR.versusP. KATA RAO

2008 INSC 529Dismissed

The Managing Director of State Bank of Hyderabad initiated departmental proceedings against P. Kata Rao, an employee, on twelve charges, some of which overlapped with criminal charges for which he was later acquitted. The enquiry officer found him guilty of most charges and the appointing authority …

NOORJAHANversusSTATE REP. BY D.S.P.

2008 INSC 515Case Allowed

The appellant, the aunt of the husband, was convicted under Section 498A of the IPC for allegedly participating in dowry demand that led to the death of the wife. The prosecution alleged that the husband, his brother, and the aunt demanded jewellery and cash, and that the husband and brother …

P.D. LAKHANI AND ANR.versusSTATE OF PUNJAB AND ANR.

2008 INSC 508Case Allowed

The appellants, owners of Lakhani Rubber Udyog Ltd, lodged a complaint alleging trademark infringement by Saraswati Utpadan Pvt Ltd. The complaint was initially made to the Station House Officer (SHO), who directed the complainant to approach the Senior Superintendent of Police (SSP). The SSP …

BATHULA NAGAMALLESWARA RAO & ORS.versusSTATE REP. BY PUBLIC PROSECUTOR

2008 INSC 512Dismissed

The case involved the murder of two villagers in Uddandarayunipalem, for which twelve accused were charged under various IPC provisions. The trial court convicted all except A-3 (who died) and the High Court upheld convictions of A-1, A-2, A-10, A-11 and A-12 while acquitting A-4 to A-9 on the …

OMA RAMversusSTATE OF RAJASTHAN AND ORS.

2008 INSC 504Dismissed

The appellants challenged the constitutional validity of Sections 54A, 69(4)‑(9) and 98 inserted by amendment to the Rajasthan Excise Act, 1950, alleging that they usurped the jurisdiction of criminal courts, removed the remedy of judicial review and violated Articles 14, 19, 20, 21, 301 and 254 of …

MAHABIRversusTHE STATE OF DELHI

2008 INSC 486Disposed off

The Supreme Court examined two appeals arising from convictions for robbery and murder under Sections 394/34 and 302/34 IPC. The key issue was whether the refusal of the accused to participate in a test identification parade (TIP) and the fact that the accused had already been shown to the …

MAHESH S/O.JANARDHAN GONNADEversusSTATE OF MAHARASHTRA

2008 INSC 476Dismissed

Mahesh was accused of murdering his former lover Sunita and injuring her husband Sanjay and mother‑in‑law Nirmalabai. The trial court acquitted him, disbelieving the testimony of several relatives who were eye‑witnesses, on the ground that they were interested and lacked independent corroboration. …

PONNUSAMYversusSTATE OF TAMIL NADU

2008 INSC 482Dismissed

The appellant, Ponnusamy, was married to Selvi and after a dispute over land she disappeared. He made extra‑judicial confessions to several villagers, admitting that he had murdered her and thrown her body into a canal. Following his confession, the police recovered the decomposed body, which was …

NARAIN SINGH AND ORS.versusSTATE OF HARYANA

2008 INSC 471Disposed off

The appellants, led by Narain Singh, were involved in a land dispute during which they attempted to sow jowar in a field belonging to the complainants. When the complainants and their husband tried to stop them, Narain Singh fired a gunshot that killed the husband, and his sons assaulted the …

SOHAN RAJ SHARMAversusSTATE OF HARYANA

2008 INSC 459Case Allowed

The deceased wife, Jyoti, left a letter accusing her husband, Sohan Raj Sharma, of sexual perversion and cruelty, and subsequently poisoned her two children and herself. The FIR alleged that the husband had compelled her to commit suicide, leading to his conviction under Section 306 of the Indian …

SURESH @ HAKLAversusSTATE OF HARYANA

2008 INSC 460Disposed off

The case involves the murder of Mahender Sarpanch on 15 July 1996, for which several accused, including Shamsher Singh, Balwant, Ladh Ram and Suresh (alias Hakla), were charged. The trial court convicted all accused under sections 302, 307 r/w 149 and 148 of the IPC, a decision upheld by the High …

RAJ KUMAR@ RAJUversusSTATE OF UTTARANCHAL

2008 INSC 461Case Allowed

The case involved six accused charged with dacoity with murder under Sections 396 and 412 read with 1208 of the Indian Penal Code. The trial court convicted four of them under Section 396 and acquitted two, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether a …

DAYA NANDversusSTATE OF HARYANA

2008 INSC 448Case Partly allowed

The appellant Daya Nand was convicted by the trial court and the High Court for murder under Section 302 IPC and Section 27 of the Arms Act for firing a shotgun that killed Chhajju Ram during an irrigation dispute. The Supreme Court examined whether the facts satisfied the statutory definition of …

PRAJEET KUMAR SINGHversusSTATE OF BIHAR

2008 INSC 446Dismissed

The appellant, Prajeet Kumar Singh, who had been living with the family of the informant for four years, was convicted of brutally murdering three children (ages 8, 15 and 16) and assaulting the parents and another child with a dagger. The prosecution relied on the testimony of three injured …

HUCHAPPA @ HUCHARAYAPPA AND ORS.versusSTATE OF KARNATAKA

2008 INSC 441Transferred to High Court

Fourteen persons were alleged to have formed an unlawful assembly and assaulted a victim with deadly weapons, causing grievous injuries that led to his death. The trial court acquitted eleven accused and convicted three under Section 326 of the Indian Penal Code. The High Court upheld the …

SHIVAPPA & ORS.versusSTATE OF KARNATAKA

2008 INSC 427Dismissed

The appellants were charged with murder under Sections 302, 148 and 149 of the IPC for allegedly assaulting Shrishail Shivappa Jagadale, resulting in his death with twenty injuries. The trial court acquitted them, relying on discrepancies between medical evidence on time of death and eyewitness …

COLLECTOR & DIST. MAGISTRATE AND ORS.versusS. SULTAN

2008 INSC 428Appeal(s) allowed

The Supreme Court examined the validity of a preventive detention order issued under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986 against several individuals described as "goondas". The High Court had quashed the order on the grounds that the cited incidents were stale, did not …

SURESH KUMARversusTHE STATE OF HIMACHAL PRADESH

2008 INSC 412Case Partly allowed

During a marriage party, the appellant Suresh Kumar took a knife from his trouser pocket and stabbed Sanjeev Kumar, the son of PW‑1, causing his death. The trial court convicted the appellant under Section 302 of the Indian Penal Code (IPC) for murder, relying on the testimony of PW‑3 and PW‑4, …

GOLLA YELUGU GOVINDUversusSTATE OF ANDHRA PRADESH

2008 INSC 406Case Partly allowed

The appellant, Golla Yelugu Govindu, was convicted of murder for hacking his wife with a sickle during a heated quarrel, based largely on the testimony of his two minor children. He appealed, challenging the admissibility of the child witnesses and arguing that the incident fell under Exception 4 of …

MADAN MOHAN ABBOTversusSTATE OF PUNJAB

2008 INSC 410Case Allowed

An FIR (No.155/2001) was lodged under Sections 379, 406, 409, 418 and 506/34 IPC arising from a business dispute between the complainant and the accused. The parties executed a compromise deed on 25 January 2002, settling all differences. The complainant applied to the High Court for quashing the …

SARVSHEEL MAGOversusSTATE OF HARYANA & ORS.

2008 INSC 396Disposed off

Sarvsheel Mago alleged that a police officer (respondent No.4) in collusion with private individuals (respondents No.5 and 6) repeatedly searched his vehicle and falsely implicated him for possession of contraband drugs, despite no incriminating material being found. He filed a petition under …

PRAVINversusSTATE OF MADHYA PRADESH

2008 INSC 397Dismissed

The appellant Pravin was convicted under IPC sections 395, 397 and 450 for a daylight bank dacoity, and under the Arms Act for possession of an unlicensed firearm. He challenged the conviction on the ground that the identification parade was a farce, photographs of the accused had been shown to …

RAM SWAROOPversusSTATE OF RAJASTHAN

2008 INSC 404Dismissed

Ram Swaroop was convicted for murdering Sumer Singh after eyewitnesses (PW3 and PW4) testified that he stabbed the victim, leading to death. The defence argued that the medical post‑mortem report conflicted with the eyewitness accounts and should overturn the conviction. The Supreme Court held that …

STATE OF MAHARASHTRAversusMADHUKAR WAMANRAO SMARTH

2008 INSC 391Appeal(s) allowed

The State of Maharashtra convicted several respondents, including Madhukar Wamanrao Smarth, for cheating, forgery, abetment, criminal breach of trust and conspiracy, imposing consecutive sentences totalling twelve years. The respondents appealed and sought bail by suspension of sentence under …

VIMALBEN AJITBHAI PATELversusVATSLABEEN ASHOKBHAI PATEL AND ORS.

2008 INSC 368Appeal(s) allowed

The Supreme Court examined a dispute arising from a criminal complaint filed by Sonalben against her husband and in‑laws for alleged offences under the IPC. The appellants were granted bail, left India without permission, and faced cancellation of bail, attachment of the mother‑in‑law's property …

M. BALAKRISHNA REDDYversusDIRECTOR, CBI, NEW DELHI

2008 INSC 371Dismissed

M. Balakrishna Reddy, a Central Government employee, was charged by the CBI under the Delhi Special Police Establishment Act, 1946 for alleged cheating in a UPSC exam held in Bhopal, Madhya Pradesh. He challenged the CBI's jurisdiction, arguing that the State of Madhya Pradesh had not given the …

PAUL GEORGEversusSTATE OF N.C.T. OF DELHI

2008 INSC 373Disposed off

The appellant, a Head Constable, was tasked with delivering an urgent wireless message to the Police Headquarters and was driving an official police mini‑truck. While en route he crossed a road divider, collided with an on‑coming scooter, resulting in one death and injuries to another. He was …

MD. KALAM @ ABDUL KALAMversusSTATE OF RAJASTHAN

2008 INSC 379Dismissed

The appellant, Mohd. Kalam, was convicted under Section 395 IPC for robbing the house of Vishwas Jain and his wife on the night of 8‑9 May 1994. After his arrest on 27 March 1998, a test identification parade was held on 3 April 1998, where the complainant (PW‑3) identified the appellant. The …

DINESH BORTHAKURversusSTATE OF ASSAM

2008 INSC 355Case Allowed

The appellant, Dinesh Borthakur, was convicted by the trial court and the High Court for the murder of his wife Mala Borthakur and adopted daughter Munni under Section 302 IPC, based largely on circumstantial evidence such as a sniffer dog’s proximity to him, the presence of a pesticide bottle, and …

KHILARIversusSTATE OF U.P. AND ANR.

2008 INSC 356Case Allowed

The Supreme Court examined the High Court's order granting bail to a convicted murderer (respondent No.2) under Section 389 of the Code of Criminal Procedure while his appeal was pending. The conviction was based on three eye‑witnesses and the trial court had held that the injuries could have been …

P.K. CHOUDHURYversusCOMMANDER, 48 BRTF (GREF)

2008 INSC 361Case Allowed

The appellant, a Commandant of the 48 BRTF (GREF), was alleged to have committed offences under IPC sections 166 and 167 between 5 January 1989 and 11 February 1992. A complaint petition was filed only in November 2000, based on a 1996 report, and the Judicial Magistrate took cognizance on 7 …

THUKARAM AND ORS.versusSTATE OF KARNATAKA

2008 INSC 351Dismissed

The appellants were convicted under Section 304(II) of the Indian Penal Code for murder, based largely on the testimony of witnesses who were relatives of the deceased (PWs 1, 2 and 5). They appealed, arguing that the evidence of these related witnesses should be excluded as biased. The Supreme …

RATHNAIAHversusSTATE OF KARNATAKA

2008 INSC 342Case Allowed

The appellant, Rathnaiah, was convicted by a trial court for rape under Section 376 IPC and for offences under Sections 324 read with 34 and 342 read with 34, receiving a seven‑year rigorous imprisonment for the rape and shorter terms for the other offences. On appeal, the Karnataka High Court …

NISHAN SINGHversusSTATE OF PUNJAB

2008 INSC 321Dismissed

The case involved three successive murders and related injuries in Punjab, for which the accused Nishan Singh, Pargat Singh‑I and others were convicted under Section 302 IPC, with some also charged under Section 34 IPC for common intention. The appellants challenged the convictions on procedural …

GOWRISHANKARA SWAMIGALUversusSTATE OF KARNATAKA & ANR.

2008 INSC 305Appeal(s) allowed

The appellant, a junior Swamiji of a religious mutt that ran a school, was accused of repeatedly committing an unnatural sexual offence against a 13‑year‑old student over seven days in July 1986. The FIR was lodged more than a month later and the prosecution’s case lacked medical corroboration and …

ANIMIREDDY VENKATA RAMANA & ORS.versusPUBLIC PROSECUTOR, H.C. OF A.P.

2008 INSC 307Dismissed

The case involves a murder on a bus where the deceased was killed and his son injured. The trial court acquitted all accused, disbelieving the injured witness and other eye‑witnesses, while the High Court convicted nine of the accused and acquitted the rest. On appeal, the Supreme Court examined …

TRIMBAKversusSTATE OF MAHARASHTRA

2008 INSC 292Case Partly allowed

The appellant was convicted of murder under Section 302 IPC and assault under Section 324 IPC for striking the deceased with an axe during a verbal altercation, which also injured the deceased's wife. The appellant argued that the killing occurred in a sudden fight without pre‑meditation, undue …

SHANKAR RAGHO BHAGANEversusSTATE OF MAHARASHTRA

2008 INSC 293Dismissed

The appellant, Shankar Ragho Bhagane, was convicted by the Sessions Court and the Bombay High Court for the murder of his mother, Girja Ragho Bhagane, under Section 302 of the Indian Penal Code. The prosecution's case rested on the eyewitness testimonies of PW2 (the appellant's sister) and PW3 (the …

JYOTI PRAKASH RAI @ JYOTI PRAKASHversusSTATE OF BIHAR

2008 INSC 294Dismissed

The appellant Jyoti Prakash Rai was convicted of murder under Section 302 IPC for killing a schoolmate on 12 May 2000. At the time of the offence the trial magistrate estimated his age to be about 17 years, but the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force on 1 …

RENU KUMARIversusSANJAY KUMAR AND ORS.

2008 INSC 278Case Allowed

Renu Kumari, the wife of Respondent No.3, filed a complaint under Section 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act alleging dowry harassment. The police registered an FIR and a charge‑sheet was filed. The respondents sought discharge under Section 239 CrPC, which was rejected, and …

SHANTABAI & ORSversusSTATE OF MAHARASHTRA

2008 INSC 284Case Allowed

The trial court convicted Shantabai, her husband Sajan and their son Govind for the murder of Gunwant Dhumale based solely on circumstantial evidence, including an alleged illicit relationship and the discovery of the dead body in front of their house. The High Court affirmed the conviction, but the …

VINAY D. NAGARversusSTATE OF RAJASTHAN

2008 INSC 285Case Allowed

Vinay D. Nagar was convicted for the murder of Kalu, a chowkidar who had been a prime witness in an abduction case against Nagar. The prosecution relied on circumstantial evidence and on Kalu's statement recorded under Section 161 of the CrPC to establish motive. The Supreme Court examined whether …

K.L.E. SOCEITY AND ORS.versusSIDDALINGESH

2008 INSC 287Case Allowed

The respondent, a former peon of K.L.E. Society, filed a private complaint alleging offences under IPC ss.403, 405 and 415 r/w s.34, claiming that salary deductions were made without justification. The Judicial Magistrate took cognizance and issued process, prompting the society to move the …

REKHA PATELversusPANKAJ VERMA AND ORS.

2008 INSC 288Disposed off

The appellant, married to the first respondent, alleged dowry harassment and a FIR was lodged under sections 498A, 323, 504, 506 IPC and sections 3 and 4 of the Dowry Prohibition Act. The respondents filed a writ petition under Article 226 seeking quash of the FIR and a stay of arrest. The Allahabad …

BECHAARBHAI S. PRAJAPATIversusSTATE OF GUJARAT

2008 INSC 273Disposed off

Bechaarbhai S. Prajapati, a police sub‑inspector, stopped a luxury bus carrying a marriage party and demanded payment for the release of the bus documents. The Anti‑Corruption Bureau arranged a trap using anthracene‑powder‑marked currency notes, which the officer accepted and concealed in his …

RAMESH KUMARversusSTATE OF HARYANA

2008 INSC 262Dismissed

Six persons were convicted for gang-raping a married woman under IPC sections 376(2)(g), 506 r/w 149 and 148. The trial court sentenced three, including Ramesh Kumar, to life imprisonment and the other three to ten years; the High Court upheld these convictions and reduced the ten‑year sentences to …

AKHILESH KUMAR SINGHversusSTATE OF U.P. TH. DGC(CRL.) & ANR.

2008 INSC 259Disposed off

Akhilesh Kumar Singh was charged with murder, robbery and criminal conspiracy and his trial was pending before a Sessions Court. His first bail application was rejected on 18 October 2002, but a second bail application filed on 29 October 2002 was granted on 7 November 2002. The State appealed, and …

J. RAMULUversusSTATE OF ANDHRA PRADESH

2008 INSC 253Appeal(s) allowed

The case involved an acid attack on G. Janardhan, resulting in his death. The prosecution’s case against accused A‑1 and A‑2 rested mainly on a dying declaration recorded by a magistrate, which alleged that the deceased had named the accused. The trial and High Courts accepted this declaration …

LIYAKATversusSTATE OF UTTARANCHAL

2008 INSC 250Dismissed

The child Noor Alam, about 1½ years old, was left in the custody of accused Liyakat, Zahira, Jeewani and Riyasat by his parents. Within three hours the child went missing and his body was later discovered buried in Liyakat's hut. The prosecution relied solely on circumstantial evidence – the child's …

STATE OF RAJASTHANversusROHITAS & ORS.

2008 INSC 242Case Allowed

The respondents were acquitted by a trial court of offences under IPC sections 498A and 304B. The State of Rajasthan filed an application under CrPC section 378(1) seeking leave to appeal the acquittal, which the Rajasthan High Court dismissed without recording any reasons. The Supreme Court held …

CENTRAL BUREAU OF INVESTIGATIONversusK.M. SHARAN

2008 INSC 229Disposed off

The Central Bureau of Investigation (CBI) investigated K.M. Sharan, former Vice‑Chairman of the Delhi Development Authority, and his son for alleged illegal gratification from DLF and for possessing cash of Rs.36 lakh recovered from the son’s residence. The CBI filed a charge‑sheet under IPC …

SUNIL @ BALO DAS AND ORSversusRAJESH DAS AND ORS.

2008 INSC 233Case Allowed

The appellants were acquitted by a trial court of kidnapping a minor girl. The Jharkhand High Court set aside that acquittal and remitted the case to the trial court for a fresh hearing, but did so without recording any reasons or analysing the evidence. The appellants challenged this order before …

SHAIK NAGOORversusSTATE OF A.P. TH. PUB. PROSECUTOR HIGH COURT OF A.P., HYDERABAD

2008 INSC 222Dismissed

The appellant, Shaik Nagoor, was charged under IPC sections 354, 448 and 306 for allegedly assaulting the deceased, who later set herself on fire. The prosecution relied on two dying declarations recorded by a judicial officer and a constable. The trial court convicted on all three charges; the High …

NIVRUTII PANDURANG KOKATE AND ORSversusSTATE OF MAHARASHTRA

2008 INSC 218Dismissed

The appellants were convicted of murder and concealment of evidence under IPC sections 302, 201 and 34 for the killing of Saban Misal. The conviction rested primarily on the testimony of PW‑13, the deceased's daughter, who was about 12 years old at the time and described how her mother and others …

S.K. ALAGHversusSTATE OF U.P. & ORS.

2008 INSC 202Case Allowed

The proprietor of Akash Traders filed a criminal complaint against the Managing Director of Britannia Industries Ltd, alleging criminal breach of trust under Section 406 IPC for demand drafts issued for undelivered goods. The company itself was not impleaded, and the appellant was initially …

SHER SINGH & ANR.versusSTATE OF PUNJAB

2008 INSC 204Dismissed

The case involved the murder of Jaspal Kaur, who died from severe burns after allegedly being set alight by her husband, father‑in‑law, mother‑in‑law and sister‑in‑law. Four dying declarations were recorded: an initial one to an ASI stating the fire was accidental, and three subsequent statements to …

RAMESH DASSversusRAGHU NATH AND ORS.

2008 INSC 185Appeal(s) allowed

The trial court convicted five accused of offences under Sections 148, 323, 324, 325 and 326 read with Section 149 of the IPC and sentenced them to imprisonment and fines. On appeal, the High Court reduced some sentences, enhanced the fine and ordered the accused to be released on probation under …

THE ORIENTAL INSURANCE COMPANY LTD.versusSORUMAI GOGOI AND ORS.

2008 INSC 189Case Allowed

Bipul Gogoi, employed as a driver, disappeared on 9 October 1996 and was later declared a proclaimed offender for absconding with the vehicle. His parents claimed compensation under the Workmen Compensation Act, 1923, asserting his death in the course of employment. The Commissioner and the High …

B. VISHWANATHversusSTATE OF KARNATAKA

2008 INSC 184Appeal(s) allowed

B. Vishwanath was convicted by a trial court for offences under Sections 307, 427 and 448 of the Indian Penal Code for assaulting his sister‑in‑law and mother with a sickle. He appealed to the Karnataka High Court, which on 1 July 2006 disposed of the appeal without indicating whether it was allowed …

STATE OF U.P.versusJAGRAM & ORS.

2008 INSC 172Disposed off

The State of U.P. appealed the Allahabad High Court's acquittal of four accused who had been convicted by the trial court for murder (IPC s.302) and voluntarily causing hurt (IPC s.324) read with common intention (IPC s.34). The High Court had set aside the convictions, citing discrepancies in …

BALU @ BAKTHVATCHALUversusSTATE OF TAMIL NADU

2008 INSC 177Case Allowed

The appellant, Balu (Bakthavatchalu), was convicted of murder under IPC 302 for an incident that occurred on 20 April 1998. The trial court recorded his age as 18 and rejected his application to be sent to a Borstal School. On appeal, the Supreme Court was asked to determine whether he was a …

BADSHAH AND ORS.versusSTATE OF U.P.

2008 INSC 178Dismissed

The appellants Badshah and others were accused of kidnapping Suraj Pal Singh on 23 May 1980, armed and stating they would kill him. The victim was never seen again, and the prosecution relied on eyewitness testimony that the accused had expressed intent to murder. The trial court convicted them …

STATE OF M.P. AND OTHERS.versusHAZARILAL

2008 INSC 180Dismissed

Hazarilal, a peon in a Madhya Pradesh middle school, was convicted under IPC sections 323 and 34 for a simple assault and was fined Rs.500 after his one‑month imprisonment was reduced on appeal. The State terminated his service under the Madhya Pradesh Civil Services (Classification, Control and …

RAKESHversusSTATE OF M.P.

2008 INSC 166Case Partly allowed

The appellant Rakesh was convicted under Section 302 IPC for the murder of Kailash and sentenced to life imprisonment. He appealed, contending that the evidence did not establish his guilt and that the incident occurred in a sudden quarrel, invoking Exception 4 to Section 300 IPC to reduce the …

RAGHUNATH ANANT GOVILKARversusSTATE OF MAHARASHTRA AND ORS.

2008 INSC 154Dismissed

The appellant, a former employee of the Maharashtra Housing and Area Development Authority, was charged with offences under IPC sections 420, 465, 466, 467, 468 and 471 for allegedly falsifying allotment of premises and issuing spurious rent receipts. He sought discharge under Section 228 of the …

STATE OF U.P.versusAJAI KUMAR

2008 INSC 151Case Allowed

The State of Uttar Pradesh charged Ajai Kumar and others under IPC sections 394, 307 and 411 for allegedly snatching Rs 1,25,000 from a bank and injuring two victims. Part of the stolen money, bearing the bank's stamp, was recovered from the accused. The trial court acquitted the appellant, relying …

BALWANT SINGH AND OTHERSversusSTATE OF PUNJAB

2008 INSC 145Dismissed

The appellants, Balwant Singh and his three sons, were armed with kirpans and gandasas and attacked Kuldeep Singh at the house of his mother Amarjit Kaur, inflicting multiple injuries that proved fatal. The prosecution relied on the testimony of two surviving witnesses, Amarjit Kaur and Sukhjit …

JAGTAMBA DEVIversusHEM RAM AND ORS.

2008 INSC 134Case Allowed

Jagatamba Devi, a Gram Panchayat Pradhan, filed a private complaint under IPC sections 332, 353 and 504/506 against Hem Ram and others for assaulting her while she was performing official duties. After the magistrate issued summons, an Executive Magistrate consigned the case file, deeming it …

NARAYAN GHOSH @ NANTU ETC.versusSTATE OF ORISSA

2008 INSC 137Dismissed

The Supreme Court considered the appeals of Narayan Ghosh and Sankar Adeya, accused of murder, criminal conspiracy and offences under the Arms Act in the killing of councilor Tapas Mitra at Puri. After being released on interim bail by the Calcutta High Court, they surrendered and applied for …

ASHFAQ KHAN AND ANR.versusSTATE OF U.P. AND ORS.

2008 INSC 129Case Allowed

The appellants filed a writ petition under Article 226 of the Constitution seeking quashment of an FIR alleging offences under Sections 420 and 424 of the IPC and Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act. The Allahabad High Court dismissed the …

STATE OF RAJASTHANversusMADAN SINGH

2008 INSC 130Case Allowed

The State of Rajasthan appealed the reduction of the sentence awarded to Madan Singh for raping a 10‑year‑old girl. The trial court imposed the statutory minimum of ten years imprisonment under Section 376(2)(f) of the IPC, but the Rajasthan High Court reduced it to seven years, relying on the …

JOHAR AND OTHERSversusMANGAL PRASAD & ANR.

2008 INSC 118Case Allowed

The appellants were convicted only under IPC s.323 r/w s.34 for causing simple injuries, while the State did not appeal. The complainant filed a criminal revision before the High Court, which re‑examined the entire evidence, criticised the autopsy surgeon, held that the case was actually IPC s.302 …

RAN SINGH AND ANR.versusSTATE OF HARYANA AND ANR.

2008 INSC 121Case Partly allowed

A complaint under IPC sections 498A, 406, 323, 506, 148 and 149 alleged dowry harassment by the husband, his parents, brother and sister‑in‑law. The Additional Sessions Judge held that only the husband could be prosecuted, finding no material against the other accused. The Punjab and Haryana High …

VENU @ VENUGOPAL AND ORSversusSTATE OF KARNATAKA

2008 INSC 122Dismissed

The appellants Venu @ Venugopal and others were convicted for robbery on a highway between sunset and sunrise, having threatened victims with a knife and seized jewellery and a scooter. The trial court convicted them under Section 395 IPC, but the Karnataka High Court altered the conviction to …

GOBARBHAI NARANBHAI SINGALAversusSTATE OF GUJARAT & ORS.

2008 INSC 112Appeal(s) allowed

The Supreme Court examined two murder cases in which the accused, Jayrajsinh Temubha Jadeja, had been granted regular bail by the Gujarat High Court on the grounds of prolonged judicial custody, non‑commencement of trial and prior compliance with temporary bail conditions. The State of Gujarat …

SUDESH KUMARversusSTATE OF UTTARAKHAND

2008 INSC 113Dismissed

Sudesh Kumar was convicted under IPC s.392 r/w s.34 and the Arms Act for a robbery committed on 7 March 1981 and sentenced to five years' rigorous imprisonment. He appealed, claiming benefit under Section 6 of the Probation of Offenders Act, 1958, asserting that he was under 21 years of age at the …

SOM MITTALversusGOVT. OF KARNATAKA

2008 INSC 117Dismissed

The appellant, a Managing Director of a company, was charged under Sections 25 and 30(3) of the Karnataka Shops and Commercial Establishments Act, 1961 after a woman employee was raped and killed while travelling to work. He filed a petition under Section 482 of the CrPC seeking quash of the …

KASHI RAM & OTHERSversusSTATE OF RAJASTHAN

2008 INSC 108Dismissed

The dispute involved a 21‑bigha agricultural plot where the accused, claiming possession, went armed to retake the land from the complainant party who were unarmed and cultivating it. The accused attacked the complainants, causing serious injuries and the death of Balu Singh. They were convicted by …

BIJOY DASversusSTATE OF WEST BENGAL

2008 INSC 110Dismissed

The appellant Bijoy Das was convicted under Section 302 IPC for shooting and causing the death of his step‑nephew Ajay Das, who died ten days after being wounded. While in hospital, the deceased gave a dying declaration to the attending doctor and to three witnesses, identifying the appellant as his …

SACHIN JANA AND ANR.versusSTATE OF WEST BENGAL

2008 INSC 100Disposed off

The appellants were part of a group that assaulted three persons, pouring acid on their faces and bodies, causing severe burns. They were convicted by the trial court under Section 307 IPC and sentenced to ten years' imprisonment. The High Court altered the conviction to Section 307 read with …

SUNITA JAINversusPAWAN KUMAR JAIN & ORS.

2008 INSC 106Disposed off

Sunita Jain alleged that her husband Pawan Kumar Jain and his parents harassed her for dowry, physically and mentally torturing her, leading her to lodge an FIR. The trial court framed charges under IPC sections 498A, 506, 406, 34 and Dowry Prohibition Act sections 3 and 4. The High Court, invoking …

VINODversusSTATE OF HARYANA

2008 INSC 93Dismissed

The appellant Vinod and others were convicted for kidnapping a nine‑year‑old boy, Amit Kumar, and demanding a ransom of Rs 10 lakh. The boy was released after the ransom was paid, and the police recovered the money and arrested the accused. The trial court and the Punjab and Haryana High Court …

SHAIKH RAFIQ & ANR.versusSTATE OF MAHARASHTRA

2008 INSC 87Case Allowed

The appellants Shaikh Rafiq and Fatimbee were convicted for the murder of Noor Miya Mohd. Hussain, allegedly after they, together with the deceased's daughter‑in‑law Jaibunisa, came to his house and, following a dispute, poured kerosene on him and set him alight. The conviction rested solely on a …

VIKAS & ORS.versusSTATE OF MAHARASHTRA

2008 INSC 72Dismissed

The appellant Vikas and others were convicted for murder and conspiracy under Sections 302, 342 and 34 of the IPC based primarily on two dying declarations of the victim, Rekha, recorded by a Special Judicial Magistrate and a Police Sub‑Inspector. The victim's father and a Panch witness, who turned …

SHAIKH MAJID AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2008 INSC 74Case Partly allowed

During the Deshara festival, a group of Hindu villagers performing pooja at a temple were attacked by a large crowd from a nearby mosque who pelted stones and urged them to leave for prayer. The accused, numbering 32, along with others, assaulted the villagers with sticks, stones and knives, causing …

KUNJU @ BALACHANDRANversusSTATE OF TAMIL NADU

2008 INSC 58Dismissed

The appellant Kunju @ Balachandran was convicted of murder (IPC s.302) and assault (IPC s.341) based primarily on the testimony of a single eyewitness, PW‑2, who saw the accused attack the deceased. The trial court, and subsequently the Madras High Court, upheld the conviction despite the fact that …

POGULA KOMURAIAHversusTHE STATE OF A.P. REP. BY THE PUBLIC PROSECUTOR [PASAYAT, J.]

2008 INSC 53Case Partly allowed

The Supreme Court examined the conviction of appellant Pogula Komuriah, who was originally found guilty of murder under Section 302 read with Section 149 of the IPC. The Court considered the evidence, including the nature of the weapon (iron rod) and the delay in filing the complaint, and found that …

VIJAY SHANKAR SHINDE & ORSversusSTATE OF MAHARASHTRA

2008 INSC 54Dismissed

The appellants were convicted for murder, attempt to murder and criminal intimidation arising from a family feud that culminated in the fatal assault of Tanaji and grievous hurt to Dattatraya. The prosecution relied on the testimony of three eye‑witnesses (PW‑11, PW‑12 and PW‑13) and a complainant …

MARIMUTHU & ORS.versusSTATE OF TAMIL NADU

2008 INSC 39Case Partly allowed

Seven persons were prosecuted for the murder of Chinnadurai, who had earlier testified against some of the accused. The trial court convicted all under Section 302 IPC. The Madras High Court acquitted three (Nos. 4, 6, 7) on the ground of benefit of doubt and upheld convictions of the remaining four …

K.T. PALANISAMYversusSTATE OF TAMIL NADU

2008 INSC 42Case Allowed

The appellant, an astrologer, was convicted along with two others for the alleged murder of Somasundaram under sections 302, 1208, 34, 109, 379 and 201 of the IPC, based largely on circumstantial evidence that the deceased was last seen with the appellant and the recovery of a gold chain. No dead …

BENJAMINversusSTATE REP. BY INSPECTOR OF POLICE

2008 INSC 49Dismissed

The appellant and two co‑accused were charged with murder under Section 302 IPC, with the third accused also charged under Section 34. On 25 November 1994, the deceased was assaulted with a wooden log by the appellant while the co‑accused restrained him and threatened a witness. The deceased …

BIJA & ORSversusSTATE OF HARYANA

2008 INSC 34Case Partly allowed

The deceased Santro, after a forced second marriage (Karewa) arranged by the village Panchayat, was found dead in her in-laws' house. Medical evidence established that she died from asphyxia due to smothering, not from epilepsy or electrocution as the defence claimed. The trial court and High Court …

PURAN SINGHversusSTATE OF UTTARANCHAL

2008 INSC 35Case Allowed

Puran Singh was charged with murdering his brother Rajpal Singh by firing a licensed 12‑bore gun. The trial court acquitted him, citing benefit of doubt, but the High Court set aside the acquittal and convicted him under IPC s.302. On appeal to the Supreme Court, the appellant raised a new plea that …

M/S. SURYALAKSHMI COTTON MILLS LTD.versusM/S. RAJVIR INDUSTRIES LTD. & ORS.

2008 INSC 31Case Partly allowed

The appellant, Suryalakshmi Cotton Mills Ltd., and the respondent, Rajvir Industries Ltd., were parties to a demerger scheme after which blank cheques signed by the appellant’s Managing Director were handed to the respondents for business use. A dispute arose in 2005, leading the appellant to allege …

MANIversusSTATE OF TAMIL NADU

2008 INSC 19Case Allowed

Mani and another accused were charged with murdering Sivakumar under IPC s.302, s.34 and s.201. The prosecution alleged that Mani had taken the deceased to his house, where blood was later found and blood‑stained clothes and a koduval were recovered based on the accused’s own statement. The trial …

SAT NARAINversusSTATE OF HARYANA TH. MINISTRY OF HOME

2008 INSC 20Dismissed

The dispute arose between Sat Narain and the complainant party over a family quarrel. On the night of 17 June 1999, Sat Narain and his accomplices blocked the complainant's jeep, attacked them and Sat Narain fired three shots from a licensed gun, killing Chhotu Ram and injuring his wife Sakeela; a …

STATE OF HARYANA & ORS.versusDINESH KUMAR

2008 INSC 22Disposed off

The respondents applied for Constable‑Driver positions in the Haryana Police and answered "No" to the application queries whether they had ever been arrested or convicted. Verification later revealed that they had been arrested in connection with FIRs but were acquitted and released on bail without …

RAMESH KRISHNA MADHUSUDAN NAYARversusTHE STATE OF MAHARASHTRA

2008 INSC 13Case Partly allowed

The appellant, Ramesh Krishna Madhusudan Nayar, was convicted of murder under Section 302 IPC based solely on the testimony of a single eye‑witness, PW‑5, who claimed to have seen Nayar strike the deceased with a wooden log during a quarrel. The appellant challenged the conviction, arguing that a …

DHARAM PAL AND ORS.versusSTATE OF U.P.

2008 INSC 11Dismissed

The appellants were convicted of murder under Section 302 read with Section 34 of the IPC for assaulting the deceased with lathis, causing fatal head injuries. On appeal, the High Court, assisted by a Government Advocate, re‑examined the record ex parte and altered the conviction to culpable …

STATE OF U.P.versusPUNNI AND ORS.

2008 INSC 12Dismissed

The State of Uttar Pradesh alleged that a gang of six persons assembled in a grove to commit dacoity and were arrested after a police operation that recovered unlicensed firearms. The trial court convicted them under IPC sections 399 and 402 and Section 27 of the Arms Act, relying on the testimony …

STATE OF HIMACHAL PRADESHversusPARAS RAM AND ORS.

2008 INSC 2Case Partly allowed

The accused were tried for offences under several IPC sections, including arson and assault, and were acquitted by the trial court. The State of Himachal Pradesh sought leave to appeal the acquittal under Section 378 of the CrPC, but the High Court dismissed the application with a one‑word order, …

ONKAR NATH MISHRA & ORS.versusSTATE (NCT OF DELHI) & ANR.

2007 INSC 1301Case Partly allowed

Onkar Nath Mishra and others appealed against the State of Delhi challenging the framing of charges under Sections 406 and 498A of the Indian Penal Code based on a complaint lodged by the complainant, his wife. The trial court had discharged all accused, but the Sessions Court and High Court later …

VINEET KUMAR CHAUHANversusSTATE OF U.P.

2007 INSC 1302Case Partly allowed

The appellant, Vineet Kumar Chauhan, got into a quarrel with his neighbours over a cable connection and, in a fit of anger, fired his father's revolver indiscriminately from his house, striking the neighbour's wife in the jaw. The bullet lodged in her spinal cord, causing paralysis; she later died …

HARI YADAVversusSTATE OF BIHAR

2007 INSC 1308Dismissed

The case arose from a land dispute in which Hari Yadav and others assaulted Chander Dusadh on 11 August 1981, inflicting a sharp blow to the head and other injuries. Dusadh was hospitalized and died on 1 September 1981. The trial court convicted the accused under Section 302 IPC, sentencing Hari …

RAM PAL AND ANR .versusSTATE OF U.P.

2007 INSC 1309Dismissed

The appellants Ram Pal and Ram Saran were charged under Sections 302 and 149 IPC for the murder of their uncle Birbal Singh, allegedly shot with a shotgun and a pistol. The trial court acquitted them, finding the three eyewitnesses unreliable and doubting forensic evidence such as the presence of an …

SANAPAREDDY MAHEEDHAR AND ANRversusSTATE OF ANDHRA PRADESH AND ANR.

2007 INSC 1283Appeal(s) allowed

The appellants, Sanapareddy Maheedhar and his parents, were charged under Sections 498A and 406 IPC read with the Dowry Prohibition Act for alleged dowry harassment and cruelty towards the appellant's wife, who later obtained a divorce in the United States and remarried. The Metropolitan Magistrate …

STATE OF A.P.versusA.S. PETER

2007 INSC 1285Appeal(s) allowed

The State of Andhra Pradesh filed a criminal case against A.S. Peter for alleged false declaration of stock and insurance fraud, leading to an FIR under IPC sections 199, 200 and 204 and a charge‑sheet filed by the local police. After allegations of irregularities in the initial investigation, the …

RAMESHWAR DASSversusSTATE OF PUNJAB & ANR.

2007 INSC 1286Dismissed

The appellant, Rameshwar Dass, was convicted under Section 304B of the IPC for the dowry death of his pregnant wife, Sushma Rani, who allegedly committed suicide after being tortured for a dowry demand of Rs 40,000. The prosecution relied on the husband’s telegram to the father‑in‑law, testimony of …

RUGMINI AMMAL (DEAD) BY LRS.versusV. NARAYANA REDDIAR AND ORS.

2007 INSC 1292Dismissed

The appellant challenged the validity of a lease agreement, alleging it was forged, and the Kerala High Court's Single Judge ordered a criminal complaint under Section 340 of the CrPC based on a handwriting expert's report. The High Court set aside that order, holding that Section 340 could not be …

UJJAGAR SINGHversusSTATE OF PUNJAB

2007 INSC 1295Dismissed

The appellant Ujjagar Singh was charged with murdering his niece Mukhtiar Kaur and raping her. Both were found with gunshot wounds; the appellant also sustained a serious injury. The trial and High Courts convicted him under sections 302, 376 and 309 IPC and imposed death penalty. On appeal, the …

KESHAVversusSTATE OF MAHARASHTRA

2007 INSC 1267Appeal(s) allowed

The appellant Keshav was convicted under Section 302 IPC for allegedly murdering his brother‑in‑law, based on motive, the fact that they were last seen together, an extra‑judicial confession to the victim’s wife, discovery of blood‑stained clothes and a knife. The Supreme Court examined whether …

UMAR MOHAMMAD & ORS.versusSTATE OF RAJASTHAN

2007 INSC 1268Disposed off

The case arose from a night‑time attack on three brothers (Jharmal, Juhru and Mubin) allegedly over a property and personal dispute, in which twelve armed men assaulted the victims, killing the two brothers and injuring Mubin. The prosecution relied on three eyewitnesses, medical autopsy reports and …

GENERAL MANAGER, UCO BANK & ANR.versusM. VENURANGANATH

2007 INSC 1274Dismissed

M. Venurangnanath, a branch manager of UCO Bank, was charged with offences under the IPC and the Prevention of Corruption Act and was acquitted with benefit of doubt. He had been suspended from service during the criminal proceedings and, after reinstatement, faced departmental enquiry which found …

SEWARAM AND ANOTHERversusSTATE OF U.P.

2007 INSC 1259Dismissed

The case arose from a dispute over litigation in which the accused Sewa Ram, Ram Prasad (deceased), Parmeshwari and Sunder Lal attacked Genda Devi with lathis and a kanthi, causing her death, and also assaulted the complainant Shaukat Ali. The trial court convicted them under Section 302 read with …

SUMERSINBH UMEDSINH RAJPUT @ SUMERSINHversusSTATE OF GUJARAT

2007 INSC 1262Appeal(s) allowed

The appellant, a driver of a Tata Spacio, was intercepted by police and, according to the prosecution, snatched a service revolver during a scuffle and fired at the complainant, a police sub‑inspector, causing a gunshot injury. He was convicted by the trial courts under IPC sections 307 (attempt to …

ABDUL GAFUR & ORSversusTHE STATE OF ASSAM

2007 INSC 1236Appeal(s) allowed

The appellants, including Abdul Gafur, were convicted by a trial court and the Gauhati High Court for dacoity, robbery and outraging modesty based on the testimony of several witnesses who claimed the accused entered the Gupta household, assaulted the family, looted gold ornaments and committed …