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Indian Penal Code

17481 judgments · newest first · showing 15801–16000

ASHOK KUMAR AND ORS.versusSTATE OF TAMIL NADU

2006 INSC 300Dismissed

The deceased Kumararaja and the appellants were co‑parceners disputing ownership of a piece of agricultural land. On the day of the incident the deceased went to plough the land, was threatened by the appellants, and asked two villagers (PW‑I and PW‑II) to accompany him. While the deceased was …

SAHEBRAO AND ANR.versusSTATE OF MAHARASHTRA

2006 INSC 284Dismissed

Sahebrao and Bhausaheb, husband and brother-in-law of Sangita, repeatedly demanded additional dowry (Rs 10,000 and a tape recorder) after her marriage, subjecting her to mental and physical cruelty. Within four months of marriage Sangita complained of harassment, was beaten, and eventually committed …

P.D. AGRAWALversusSTATE BANK OF INDIA AND ORS.

2006 INSC 264Dismissed

P.O. Agrawal, a junior manager of State Bank of India, was repeatedly accused of misbehaving with senior officers and customers, leading to suspension and a series of disciplinary proceedings. After being acquitted in criminal trials, the bank’s disciplinary authority dismissed him, despite one …

SURENDRA SINGH@ BITTUversusSTATE OF UTTARANCHAL

2006 INSC 266Case Partly allowed

The appellant Surendra Singh was prosecuted for the death of Ram Singh after a dispute over cattle damage to agricultural fields. The prosecution alleged that after a heated exchange and scuffle, the appellant’s elder brother Rajendra Singh urged him to kill Ram Singh, leading the appellant to fire …

GUDDU @ SANTOSHversusSTATE OF MADHYA PRADESH

2006 INSC 260Case Partly allowed

The appellant, Guddu, was accused of raping a minor girl, Sushama, after entering her home while her parents were away, removing her underwear and sitting on her. The victim, her mother, and her grandfather testified to the incident, and a medical examination revealed swelling and redness of the …

BUDHAN SINGH AND ORS.versusSTATE OF BIHAR

2006 INSC 246Case Partly allowed

The appellants Budhan Singh and others were convicted under Section 201 of the Indian Penal Code for causing the disappearance of evidence after allegedly snatching away the injured deceased’s body from a cot at the scene of a shooting. The prosecution alleged that the accused, armed and present, …

JITENDRA RAM @JITUversusSTTE OF JHARKHAND

2006 INSC 249Appeal(s) allowed

The appellant Jitendra Ram (Jitu) was convicted of murder and abetment of suicide under Sections 302 and 201 of the IPC and sentenced to life imprisonment. He contended before the Supreme Court that he was a minor at the time of the offence (18‑11‑1985) and therefore entitled to the protection of …

BIR SINGHversusSTATE OF HIMACHAL PRADESH

2006 INSC 253Dismissed

Bir Singh approached a police out‑post seeking police escort to his village amid a reported faction fight. The Assistant Sub‑Inspector declined, asking him to stay, after which Bir Singh assaulted the officer with a khukhri, inflicting multiple grievous injuries. The assault was witnessed by two …

JAYASINGHversusK.K. VELAYUTHAM AND ANR.

2006 INSC 255Appeal(s) allowed

The appellant, an Assistant Engineer, removed a tea stall from a hospital campus on the explicit direction of the Executive Engineer, in accordance with a government policy to eliminate kiosks for public health reasons. A complaint was filed by the stall owner's husband, but it made no allegation …

ASHOK LAXMAN GAIKWADversusST ATE OF MAHARASHTRA

2006 INSC 233Dismissed

The appellant, Ashok Laxman Gaikwad, was convicted of murder under Section 302 of the Indian Penal Code for allegedly setting fire to his lover by pouring kerosene on her and igniting it with a match. The prosecution's case relied heavily on the deceased's dying declaration recorded by a magistrate …

RAJ PAL AND ORS.versusTHE STATE OF HARYANA

2006 INSC 234Case Partly allowed

The appellants, Raj Pal and others, assaulted a deceased and several witnesses with lathis over a property dispute, resulting in the deceased's death. They claimed the assault was in private defence of their person and property, asserting that they had suffered injuries themselves. The trial court …

STATE OF MAHARASHTRA AND ANR.versusSURESH PANDURANG DARVAKAR

2006 INSC 227Appeal(s) allowed

The State of Maharashtra appealed against a Bombay High Court order that released convicted rapist Suresh Pandurang Darvakar on furlough. Darvakar, sentenced to seven years for offences under Sections 376 and 354 IPC, applied for furlough but his sister refused to stand surety, and police reports …

MINU KUMARI AND ANR.versusSTATE OF BIHAR AND ORS.

2006 INSC 223Appeal(s) allowed

An FIR was lodged alleging offences under Sections 341, 323 and 435 IPC. Police investigation found that two women, Minu Kumari and Runjhun Kumari, were not involved and submitted a charge sheet only against two men. The Chief Judicial Magistrate, however, took cognizance and issued summons against …

LOK RAMversusNIHAL SINGH AND ANR

2006 INSC 218Dismissed

The appellant Lok Ram was not originally named as an accused in a dowry‑death case in which his sons were convicted. The complainant applied under Section 319 of the Code of Criminal Procedure to summon Lok Ram as an accused; the trial court rejected the application on the ground that the …

T. ARUNTPERUNJOTHIversusSTATE THROUGH S.H.O., PONDICHERRY

2006 INSC 203

The Supreme Court considered the appeal of T. Arunthperunjothi, who had been convicted under Section 304B of the IPC for the alleged dowry death of his wife Davamani, who committed suicide in 1994. The prosecution alleged that the husband or his relatives had demanded dowry and harassed the …

MUNIVELversusSTATE OF TAMIL NADU

2006 INSC 204Dismissed

The Supreme Court examined whether the appellants, who were part of an armed group that attacked the deceased Babu Naidu and his family, could be held liable under Section 302 read with Section 149 of the Indian Penal Code. The facts showed that the accused, including the appellants, arrived with …

STA TE OF CHHATTISGARHversusLEKHRAM

2006 INSC 205

The State of Chhattisgarh prosecuted Lekhram for abduction and rape of a married minor, Sushila Bai. The trial court, relying on a school register entry and oral testimony, held that she was a minor at the time of the offence and convicted Lekhram under Section 376 IPC, sentencing him to three …

NAGARATHINAM AND ORS.versusSTATE REP. BY INSPECTOR OF POLICE

2006 INSC 206Appeal(s) allowed

The appellants, owners of a brick kiln, were charged with murder, rioting and related offences after a violent clash at a village panchayat meeting that left two persons dead. The trial court convicted them under Section 302 read with Section 149 IPC, while the High Court acquitted them of the 149 …

DHANESHWAR MAHAKUD AND ORS.versusSTATE OF ORISSA

2006 INSC 207Dismissed

Six Mahakud family members were tried for murder, rioting and causing hurt under IPC sections 148, 149, 302 and 323. The High Court acquitted two of them but upheld the conviction of the remaining four for murder. The appellants argued that, because the prosecution could not show that each of them …

STATE OF M.P.versusBADRI Y ADAV AND ANR.

2006 INSC 191Appeal(s) allowed

The State of Madhya Pradesh appealed the acquittal of Badri Yadav, who had been convicted for murder under IPC s.302 read with s.34. Two key witnesses, PW‑8 (Mohd. Amin) and PW‑9 (Zakir Ali), originally testified as eye‑witnesses under s.164 CrPC and were cross‑examined as prosecution witnesses in …

SMT. SANDHYA JADHAVversusSTATE OF MAHARASHTRA

2006 INSC 192Case Partly allowed

The appellant Sandhya Jadha and co‑accused, who were tenants, assaulted their landlord when he came for rent and, during the ensuing quarrel, the appellant delivered a knife blow to the back of the landlord's nephew, who later died. They were convicted under Section 302 IPC (murder) and related …

SANKARAN MOITRAversusSADHNA DAS AND ANR.

2006 INSC 172Appeal(s) allowed

On the day of a West Bengal Assembly election, Assistant Commissioner Sankaran Moitra led a police lathi charge at a polling booth, during which the husband of complainant Sadhna Das was beaten to death. A private complaint was filed, the Chief Judicial Magistrate took cognizance and issued a …

RAMREDDY RAJESHKHANNA REDDY AND ANR.versusSTATE OF ANDHRA PRADESH

2006 INSC 173Appeal(s) allowed

The appellants were convicted of murder under IPC s.302 read with s.34 based largely on circumstantial evidence, an eye‑witness statement recorded three days after the incident, and a recovered knife. The defence argued that the witness statements were inconsistent, the time of death could not be …

NAVEEN KOHLIversusNEELU KOHLI

2006 INSC 157Appeal(s) allowed

The husband, Naveen Kohli, filed a petition for divorce under the Hindu Marriage Act, 1955 on the ground of cruelty, alleging that his wife, Neelu Kohli, was bad‑tempered, engaged in indecent conduct, transferred property to herself, and repeatedly harassed him through criminal and civil complaints. …

RAJBIR SINGHversusSTATE OF U.P. AND ANR.

2006 INSC 146Appeal(s) allowed

The complainant Rajbir Singh lodged an FIR alleging that armed assailants fired at his father Hoti Lal, killing him and a Scheduled Caste girl, Pooja Kumari. During investigation, Akhilesh Chauhan (respondent No.2) was found to have received a rifle from one of the accused and fled the scene, …

DINESH @ BUDDHAversusSTATE OF RAJASTHAN

2006 INSC 130Dismissed

An eight‑year‑old girl belonging to a Scheduled Caste was allegedly raped by Dinesh @ Buddha on the night of 5 February 1998. The trial court convicted him under IPC Section 376(2)(f) (rape of a child under 12) and under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, sentencing him to …

MUNNA CHANDAversusSTATE OF ASSAM

2006 INSC 104Appeal(s) allowed

The case involved an altercation between two groups that culminated in the death of Moti Suklabaidya. The appellants, Munna Chanda and Ujjal, were convicted by the trial court and the High Court under Section 302 IPC read with Section 149 IPC for murder, based largely on the testimony of prosecution …

P. MANIversusSTATE OF TAMIL NADU

2006 INSC 106Appeal(s) allowed

The appellant, P. Mani, was convicted of murdering his wife by allegedly setting her on fire, based solely on her dying declaration. The High Court upheld the conviction, holding the dying declaration reliable and noting the appellant's alleged absconding and lack of injury as circumstantial …

STATE OF A.P.versusS. RAYAPPA AND ORS.

2006 INSC 81Appeal(s) allowed

The State of Andhra Pradesh appealed the acquittal of five accused who had been convicted by the trial court for murder under Sections 302, 148 and 149 IPC. The High Court set aside the conviction on the ground that the two eyewitnesses – PW1 (brother of the deceased) and PW2 (brother‑in‑law) – were …

SUBE SINGHversusSTATE OF HARYANA AND ORS.

2006 INSC 67Disposed off

Petitioner Sube Singh alleged that police illegally detained and tortured him and his family while trying to locate his son, who had killed a constable. He filed a writ petition under Article 32 seeking directions to stop the alleged atrocities and compensation as a public law remedy for violation …

SHIVA NATH PRASADversusSTATE OF WEST BENGAL AND ORS.

2006 INSC 72Dismissed

The case arose from a criminal complaint alleging that the deceased Priyamvada Devi Birla (PDB) and her husband Madhav Prasad Birla (MPB) had created five mutual trusts intended for charitable institutions, which were later allegedly revoked and the assets misappropriated through a forged will in …

CHAIRMAN-CUM-M.D., T.N.C.S. CORPN. LTD. AND ORS.versusK. MEERABAI

2006 INSC 40Appeal(s) allowed

The Tamil Nadu Civil Supplies Corporation dismissed K. Meerabai, a junior assistant, after a departmental enquiry found her guilty of misappropriating stock and money, while a parallel criminal case against her under Sections 409 and 477-A IPC ended in acquittal. The High Court ordered her …

RADHA MOHAN SINGH @ LAL SAHEB AND ORS.versusSTATE OF U.P.

2006 INSC 38Disposed off

The case concerned the murder of Hira Singh during a Holi celebration in Ballia, Uttar Pradesh, where five accused assaulted him and others. The trial court convicted all five under Sections 302 and 149 of the IPC, imposing life imprisonment, while the High Court affirmed the convictions. On special …

SHAILESH JASVANTBHAI AND ANR.versusSTATE OF GUJARAT AND ORS.

2006 INSC 35Case Partly allowed

The Supreme Court examined the sentencing of two accused, Pratapji and Jayantubha, who had assaulted Sameer Kumar and Shailesh Jasvantbhai with knives on 30 March 2002, resulting in serious injuries. The trial court convicted them under IPC sections 307, 324, 504 read with 114 and sentenced each to …

OM PARKASHversusSTATE OF HARYANA

2006 INSC 27Appeal(s) allowed

The appellant Om Parkash and co‑accused were convicted under Section 12 of the Prevention of Corruption Act, 1988 for allegedly offering a bribe of Rs 10,000 to Inspector Ganeshi Lal to influence a murder investigation. The prosecution’s case was marred by a four‑hour delay in lodging the FIR, …

SURENDER SINGHversusSTATE OF HARYANA

2006 INSC 28Dismissed

Surender Singh and Vikas were convicted under IPC sections 392, 394, 397 and Arms Act section 25 for robbing a bank deposit bag, snatching a pistol and money. The prosecution’s case rested on the testimony of complainant PW‑9, injured witness PW‑2, and two panch witnesses PW‑3 and PW‑4, some of whom …

UNION OF INDIA AND ORS.versusDEVENDRA NATH RAI

2006 INSC 18Appeal(s) allowed

The accused, Devendra Nath Rai, while on quarter‑guard duty, refused to let three army personnel in civilian attire make a "lights out" entry, claimed they were terrorists, and opened fire, killing two soldiers and grievously injuring two others. He was tried by a General Court Martial under the …

RABINDRA MAHTO AND ANR.versusSTATE OF JHARKHAND

2006 INSC 16Dismissed

The appellants, members of a Mahto clan, attacked two men who were ploughing a field they claimed as their own, using swords, knives and lathis, resulting in the deaths of Sohrai Puran and Ram Mohan Puran and injuries to others. An FIR was lodged the next day and sent to the magistrate a day later; …

T. SUBRAMANIAMversusTHE STATE OF TAMIL NADU

2006 INSC 10Appeal(s) allowed

The appellant, T. Subramaniam, an executive officer of a temple, was accused of accepting a bribe of Rs.200 while allegedly facilitating the grant of a patta for temple land. He explained that the money was received on behalf of a third party, PW‑6, as payment of lease‑rent arrears due to the …

STATE OF MAHARASHTRAversusRASHID BABUBHAI MULANI

2006 INSC 11Appeal(s) allowed

Rashid Babubhai Mulani, a talathi, demanded Rs 1,000 to delete a mortgagee's name from revenue records; the complainant paid Rs 300 after a trap was laid. Mulani accepted the marked notes and later claimed the payment was repayment of a government loan, supported by a purported notice sent by …

KALLU @ MASIH AND ORS.versusSTATE OF MADHYA PRADESH

2006 INSC 12Dismissed

On 5 July 1993, an unlawful assembly of twenty‑seven persons, armed with swords, spears and other weapons, attacked Sadruddin and four female members of his family at his house. The victim and several injured witnesses positively identified the four appellants as the assailants. The trial court …

RAKESH KUMAR MISHRAversusTHE STATE OF BIHAR AND ORS.

2006 INSC 3Appeal(s) allowed

The appellant, a police officer supervising a dacoity case, ordered a warrantless search of the residence of Respondent No.2, the father of a suspect, which led to a complaint alleging harassment. The Judicial Magistrate took cognizance of offences under IPC sections 342, 389, 469, 471 and 1208, and …

MOHD. YOUSUFversusSMT. AFAQ JAHAN AND ANR.

2006 INSC 1Appeal(s) allowed

Mohd. Yousuf filed an application before the Chief Judicial Magistrate alleging forgery and fraud, prompting the magistrate to direct the police to register an FIR and investigate under Section 156(3) of the CrPC. The police filed a charge‑sheet, after which Afaq Jahan (respondent No. I) moved the …

SIVAKUMARversusSTATE BY INSPECTOR OF POLICE

2005 INSC 600Dismissed

The appellant Sivakumar was convicted under Section 304 Part II of the Indian Penal Code for the death of his relative, based on circumstantial evidence, the recovery of an air‑gun, and an extra‑judicial confession he made to a Village Administrative Officer (VAO) and later to a police inspector. …

SUBHASH SHAMRAO PACHUNDEversusSTATE OF MAHARASHTRA

2005 INSC 601Dismissed

The appellant and his co‑accused, members of a joint family, attacked the deceased and a complainant while they were standing on their own plot watching the planting of an almond tree. The victims retreated, fell into a gutter and were assaulted with a knife, pick‑axe and other weapons; the deceased …

HARJIT SINGHversusSTATE OF PUNJAB

2005 INSC 603Appeal(s) allowed

Harjit Singh was convicted by the trial court under Section 304‑B IPC for the alleged dowry death of his wife, Jasbir Kaur, and sentenced to seven years' rigorous imprisonment. On appeal, the Supreme Court examined whether the prosecution had proved the essential ingredients of a dowry death – that …

STATE OF ORISSA AND ANR.versusSAROJ KUMAR SAHOO

2005 INSC 596Appeal(s) allowed

The State of Orissa filed FIRs against Saroj Kumar Sahoo and Nalinikanta Muduli for alleged offences under the IPC and the Prevention of Corruption Act. While the investigation was still pending, a Single Judge of the Orissa High Court exercised its inherent power under Section 482 of the Code of …

JALARAMversusSTATE OF RAJASTHAN

2005 INSC 587Case Partly allowed

Four brothers, including the deceased, were moving cattle through a field owned by Sonaram when Jalaram and six other accused, who were hiding in the field, assaulted them with lathis. Jalaram delivered a single blow to the deceased's forehead, causing instant death. The trial court convicted …

VISHNU@ UNDRYAversusSTATE OF MAHARASHTRA

2005 INSC 589Dismissed

The accused, a taxi driver, was convicted of raping a girl, Pushpa, who was allegedly under 16 years of age. Two dates of birth were on record – 29‑Nov‑1964 from municipal and hospital registers and 29‑Jun‑1963 from a school leaving certificate. A medical officer’s ossification test suggested the …

STATE OF HIMACHAL PRADESHversusASHA RAM

2005 INSC 570Appeal(s) allowed

The State of Himachal Pradesh appealed the acquittal of Asha Ram, who had been convicted by the trial court for raping his minor daughter. The High Court set aside the conviction on the ground that the medical evidence was unreliable and that there was no corroboration of the victim’s testimony. The …

RAJAN RAIversusSTATE OF BIHAR

2005 INSC 559Dismissed

The appellant Rajan Rai was convicted of murder under Section 302 read with Section 34 of the IPC and under Sections 3 and 5 of the Explosive Substances Act for allegedly throwing a bomb that killed his brother. Four co‑accused were earlier acquitted by the High Court, while a fifth co‑accused had …

GURPREET SINGHversusSTATE OF PUNJAB

2005 INSC 557

The Supreme Court examined the murder of Kuljit Singh, where the accused Gurpreet Singh and Mohinder Pal Singh, along with others, were convicted under Section 302 IPC. The prosecution proved beyond reasonable doubt that the accused shared a common intention to kill, supported by eyewitness …

RAMASHRAY YADAY AND ORS.versusSTATE OF BIHAR

2005 INSC 553Dismissed

The deceased, a timber merchant, was shot dead by three local goondas who demanded a "goonda tax" which he refused to pay. The prosecution’s case rested on the testimony of the deceased’s brother (PW12), corroborated by the tractor driver (PW3) and a by‑stander (PW5), as well as medical evidence. …

ROMESH LAL JAINversusNAGINDER SINGH RANA AND ORS.

2005 INSC 540Appeal(s) allowed

The case arose from a FIR lodged by a Sub‑Inspector (the respondent) against M/s Jain Gas Agency under the Essential Commodities Act, which the appellant claimed was false and alleged that the officer had misappropriated gas cylinders and accepted a bribe. The Special Judge directed the …

BISHNA@ BHISWADEB MAHATO AND ORS.versusSTATE OF WEST BENGAL

2005 INSC 541Disposed off

The case arose from a violent altercation over a disputed plot of land in Bhadsa village, where the accused, armed with various weapons, chased and assaulted the complainants, resulting in the death of Prankrishna Mahato and injuries to several others. The accused claimed private defence of property …

TRILOKI NATH AND ORS.versusSTATE OF U.P.

2005 INSC 542Dismissed

The appellants, who owned a plot of land, removed wood that villagers had piled for Holika Dahan and chased a servant away. A confrontation ensued about 300 paces from the plot, during which the accused Jitendra fired a shot killing Nanhe. The trial court convicted the accused under Sections 302 and …

BALDEV SINGHversusUNION OF INDIA AND ORS.

2005 INSC 543Dismissed

Baldev Singh, an Indian Army officer enrolled in 1978, was arrested in 1987 and convicted under Sections 302, 34 and 452 of the IPC, leading to his dismissal in 1990. The High Court acquitted him in 1992, after which he claimed reinstatement, arrears of pay for the custody period (March …

P.K. SHAJI @ THAMMANAM SHAJIversusSTATE OF KERALA

2005 INSC 534Dismissed

The appellant, P.K. Shaji, was charged under Sections 120B and 307 IPC and was granted bail by the Sessions Court with specific conditions, including reporting to the investigating officer on designated days and seeking magistrate’s permission before entering the sessions division. The bail order …

JAYENDRA SARASWATHY SWAMIGAL, TAMIL NADUversusSTATE OF TAMIL NADU AND ORS.

2005 INSC 528Appeal(s) allowed

Jayendra Saraswathy Swamigal, head of the Kanchi Mutt, was charged with conspiracy to murder the in‑charge manager of Devarajaswamy Devasthanam. He and 24 co‑accused filed a transfer petition under Section 406 of the CrPC, alleging that the Tamil Nadu State machinery was fabricating evidence, …

K.R. PURUSHOTHAMANversusSTATE OF KERALA

2005 INSC 522Appeal(s) allowed

The case concerned the alleged misappropriation of gold used to make a temple ornament (Golaka) by officials of the Cochin Devaswom Board. The prosecution claimed that the assistant commissioner (appellant) conspired with a Devaswom officer (A‑3) to fraudulently divert pure gold, and that the …

STATE OF U.P.versusGANGA RAM AND ORS.

2005 INSC 524Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Ganga Ram and Rajendra Singh for the murder of Tula Ram under IPC Sections 302 and 34. The trial court had convicted all four accused, but the High Court set aside the convictions, relying on the absence of any …

ST. THERESA'S TENDER LOVING CARE HOME AND ORS.versusSTATE OF A.P.

2005 INSC 520Dismissed

The Society (St. Theresa's Tender Loving Care Home) sought permission to place a five‑year‑old girl, Sahiti, for inter‑country adoption by two U.S. residents. The child was said to have been relinquished by her mother, but the relinquishment deed was later found to be fabricated and the Society had …

N.K. SHARMAversusABHIMANYU

2005 INSC 496Dismissed

N.K. Sharma, a Class‑I officer of the Haryana Government, was deputed as Managing Director of the Haryana State Cooperative Land Development Bank Ltd. A criminal complaint for defamation (IPC s.500) was filed against him after he sent a letter alleging false implication of a colleague. Sharma was …

HAFIZversusSTATE OF U.P.

2005 INSC 476

The case involved a dispute over irrigation water between Hafiz, his brothers Rafiq and Sharif, their cousin Lal Mohammad and the deceased Abdul Rahman. The accused assaulted the deceased with lathis, claiming they acted in private defence because the deceased allegedly threatened them with a …

SARUP SINGHversusSTATE OF PUNJAB

2005 INSC 477Dismissed

The appellant, a police constable, along with two fellow constables, entered the residence of the victims at night, broke doors, and fired upon them, resulting in the murder of Kans Kaur and injuries to Joginder Singh and Avtar Singh. The prosecution proved the case through eye‑witness testimony, …

STATE OF M.P.versusBALA @ BALARAM

2005 INSC 464Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order that reduced the conviction of Bala for rape (under IPC s.376(2)(g)) from the statutory minimum of ten years' rigorous imprisonment to the nine‑month period already served. The Supreme Court examined whether the High Court could lawfully depart …

SIDHARTH ETC. ETC.versusSTATE OF BIHAR

2005 INSC 462

The State of Bihar prosecuted three accused—Amit Das, Sidharth and Rohan Prakash—for the murder of a student named Abhishek, alleging a conspiracy in which Amit Das shot the victim with a country‑made pistol supplied by Sidharth. Amit Das made a detailed confession before a Judicial Magistrate …

STATE OF M.P.versusDAYAL SAHU

2005 INSC 456Appeal(s) allowed

The accused Dayal Sahu was convicted by a trial court for rape under IPC s.376 based on the testimony of the victim (prosecutrix) and corroborating statements of relatives, as well as forensic serology reports. On appeal, the High Court acquitted him, holding that the failure to produce and examine …

STATE OF GOAversusBABU THOMAS

2005 INSC 457Disposed off

The State of Goa prosecuted Babu Thomas, a Joint Manager of Goa Shipyard Ltd., under the Prevention of Corruption Act for accepting illegal gratification from a contractor. Two sanction orders were issued—one by the Company Secretary and another by the Chairman and Managing Director—both without the …

GURMEET SINGHversusSTATE OF U.P.

2005 INSC 453Dismissed

Gurmeet Singh was convicted of murdering thirteen members of his own family in a moonlit night, using swords, after a dispute over his newly‑married wife and a co‑accused. The trial court sentenced him to death under Section 302 IPC, a sentence confirmed by the Allahabad High Court despite a split …

STATE OF ANDHRA PRADESHversusKANDA GOPALUDU

2005 INSC 451Appeal(s) allowed

The State of Andhra Pradesh charged Kanda Gopaludu with murder under Section 302 IPC. The trial court convicted him based on an extra‑judicial confession he made before three village officials (the sarpanch and two ward members), corroborated by the investigating officer’s testimony, a doctor’s …

P.C. AGGARWALAversusPAYMENT OF WAGES INSPECTOR, M.P. AND ORS.

2005 INSC 445Appeal(s) allowed

The Supreme Court examined whether directors of Jiyajirao Cotton Mills Ltd., a company that owned factories, could be held personally liable for unpaid wages under the Payment of Wages Act, 1936 as amended by the Madhya Pradesh Industrial Relations Act, 1960. The Court held that the Act does not …

AJIT KUMAR NAGversusGENERAL MANAGER, INDIAN OIL CORPORATION LTD. AND ORS.

2005 INSC 425Dismissed

The appellant, a senior officer of Indian Oil Corporation (IOC), was dismissed by the General Manager under clause (vi) of Standing Order 20 after an incident at the refinery hospital where he was alleged to have led a mob and assaulted the Chief Medical Officer. The dismissal was effected without a …

MD. MUNNAversusUNION OF INDIA AND ORS.

2005 INSC 422Dismissed

The petitioner Md. Munna, convicted of murder and sentenced to imprisonment for life, filed a writ petition under Article 32 seeking a writ of habeas corpus, claiming that having served more than 21 years he should be released, contending that life imprisonment is equivalent to a term of 20 years …

SATBIR SINGH AND ORS.versusSTATE OF HARYANA

2005 INSC 417Dismissed

The Supreme Court examined the appeal of Satbir Singh and others, who were convicted for the dowry death of Shanti Singh under IPC Sections 304‑B, 498‑A and 201. The prosecution proved that Shanti was harassed for additional dowry (Rs 7,000) shortly before her death, that she died within seven years …

REDDY SAMPATH KUMARversusSTATE OF ANDHRA PRADESH

2005 INSC 412Dismissed

The appellant, a medical practitioner, administered the poison Pavulon to his parents‑in‑law and their three minor children, falsely claiming they were suffering from AIDS, with the intention of acquiring his father‑in‑law's property. The trial court convicted him under Section 302 of the Indian …

ANANTLAL GHOSHversusSTATE OF WEST BENGAL

2005 INSC 407Dismissed

Anantalal Ghosh was convicted under Sections 302, 201 read with 34 of the Indian Penal Code for the murder of Lilabati. The conviction was based solely on circumstantial evidence and the testimony of three prosecution witnesses, as there was no eye‑witness. The High Court upheld the conviction, …

SURINDER SINGH @ SHINGARA SINGHversusSTATE OF PUNJAB

2005 INSC 401Disposed off

Surinder Singh, convicted of murder under IPC s.302 read with s.34 and sentenced to life imprisonment, appealed his conviction. While his appeal was pending, he applied for regular bail; the Punjab and Haryana High Court denied it, though a co-accused was released on bail. The Supreme Court noted …

V.D. CHAUDHARYversusSTATE OF U.P. AND ANR.

2005 INSC 394Disposed off

The appellant V.D. Chaudhary challenged a bail order granted by the Allahabad High Court to the accused (respondent No.2) for offences under Sections 304 and 338 IPC, alleging that the High Court had not given reasons and that the bail was being used to delay the trial. The case originated from a …

STATE OF PUNJABversusSHIV RAM AND ORS.

2005 INSC 382Appeal(s) allowed

The State of Punjab and a lady surgeon were sued by Shiv Ram and his wife for damages after the wife became pregnant and gave birth despite having undergone a tubectomy in 1984. The trial court and the High Court awarded Rs.50,000, holding the State liable for the failed sterilisation. On appeal, …

STATE OF RAJASTHANversusDAULAT RAM

2005 INSC 374Appeal(s) allowed

The police, acting on a tip, stopped Daulat Ram who was carrying a bag on his head and offered him a choice under Section 50 of the NDPS Act to be searched before a magistrate, a gazetted officer, or the SHO; he chose the SHO. The bag was opened and contraband opium was found, leading to his …

JACOB MATHEWversusSTATE OF PUNJAB AND ANR.

2005 INSC 334Appeal(s) allowed

The appellant, Dr. Jacob Mathew, was charged under Section 304A IPC for the death of a patient who died after an empty oxygen cylinder was attached to him in a private hospital. The trial court framed charges and the High Court dismissed the petition to quash the FIR. On appeal, the Supreme Court …

KANWAR PAL SINGH GILLversusSTATE (ADMN., U.T. CHANDIGARH) THRO SECRETARY AND ANR.

2005 INSC 316Appeal(s) allowed

In 1988, a senior police officer allegedly slapped the posterior of a female officer at a dinner party, an act reported to senior officials but not acted upon. The victim and her husband later filed a criminal complaint before the Chief Judicial Magistrate alleging offences under Sections 341, 342, …

SURESH CHANDRAversusSTATE OF UTTAR PRADESH

2005 INSC 304Dismissed

During a marriage ceremony that turned violent, three members of the bridegroom party (Baratis) shot and killed two men and injured others. They were convicted under Section 302 read with Section 34 of the IPC and sentenced to life imprisonment. On appeal, the Supreme Court examined whether the …

SUSHIL KUMAR SHARMAversusUNION OF INDIA AND ORS.

2005 INSC 299Disposed off

The petitioner, Sushil Kumar Sharma, filed a writ petition under Article 32 challenging the constitutional validity of Section 498A of the Indian Penal Code, alleging that it is misused to victimise innocent persons through false dowry‑related accusations. The Supreme Court examined whether the mere …

STATE OF MADHYA PRADESHversusSALEEM@ CHAMARU AND ANR.

2005 INSC 291Disposed off

The State of Madhya Pradesh prosecuted Saleem@Chamaru and another accused for assaulting a police constable with a knife, invoking IPC sections 307 (attempt to murder) and 333 (voluntarily causing hurt to a public servant). The trial court sentenced them to five years for the 307 charge and four …

STATE OF MADHYA PRADESHversusBABBU BARKARE @ DALAP SINGH

2005 INSC 282Disposed off

The State of Madhya Pradesh appealed against the High Court's reduction of a seven‑year rigorous imprisonment awarded to Babbu Barkare @ Dalap Singh for rape under Section 376 IPC to the eleven months already served, on the ground that the accused was an illiterate labourer from a rural area. The …

SREE VIJAYAKUMAR AND ANR. ,versusSTATE, BY INSPECTOR OF POLICE, KANYAKUMARI

2005 INSC 283Case Partly allowed

Four brothers were tried for the murder of Rajeswaran by setting him on fire and for the attempted murder of his brother (PW‑1). The prosecution alleged that A‑1 struck Rajeswaran on the head with a bottle, after which A‑2 threw a burning kerosene lamp, causing the victim to catch fire; A‑2 also …

MISHRILAL AND ORS.versusSTATE OF M.P. AND ORS.

2005 INSC 274Dismissed

The Supreme Court examined the appeal of four accused convicted for the murder of Balmukund under Sections 302 read with 149 and 148 of the IPC. The prosecution relied on three eye‑witnesses who identified the accused despite the incident occurring at around 6 p.m., and on medical evidence showing …

SHUBH SHANTI SERVICES LTD.versusMANJULA S. AGARWALLA AND ORS

2005 INSC 275Case Partly allowed

The managing director of Shubh Shanti Services Ltd. was allotted a company flat during his employment; after his death his widow and daughter continued to occupy it. The company served notice to vacate, but the respondents claimed they were allowed to stay until another flat was provided, based on …

MURLIDHAR AND ORS.versusSTATE OF RAJASTHAN

2005 INSC 268Case Partly allowed

The appellants Murlidhar, Chhaju Ram and Babu Lal were convicted of abduction under Section 364 IPC and of murder under Section 302 read with Section 34 IPC. The Supreme Court examined the evidence of eye‑witnesses, circumstantial facts and the applicability of Section 106 of the Evidence Act. It …

VELLIKANNUversusR. SINGAPERUMAL AND ANR.

2005 INSC 267Dismissed

The appellant, Vellikannu, a daughter‑in‑law, claimed inheritance of the joint family property of her deceased father‑in‑law, Ramasami Konar, asserting her right as his widow. The sole son of the deceased, Respondent No.1, had murdered his father and was convicted under Section 302 IPC, later …

VASANTHIversusSTATE OF A.P.

2005 INSC 257Appeal(s) allowed

Vasanthi was arrested under the Andhra Pradesh Control of Organized Crime Act, 2001 and several IPC provisions for allegedly lending her car for a kidnapping. The High Court denied her bail, applying Section 21(4) of the Act and holding that there were reasonable grounds to believe she was guilty …

ANWARUL HAQversusTHE STATE OF UTTAR PRADESH

2005 INSC 232Dismissed

The appellant, Anwarul Haq, was convicted under Section 324 of the Indian Penal Code for inflicting grievous injury with a knife, based on the testimony of the injured victim and two eyewitnesses, despite the weapon not being recovered. He appealed, arguing that the weapon was not a 'dangerous …

S.V. MUZUMDAR AND ORS.versusGUJARAT STATE FERTILIZER CO. LTD. AND ANR.

2005 INSC 229Dismissed

The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 and Sections 420 and 114 of the Indian Penal Code against Gujarat State Fertilizer Co. Ltd. and several of its employees and directors. The accused filed applications before the Chief Judicial …

SAIBANNAversusSTATE OF KARNATAKA

2005 INSC 222Dismissed

Saibanna, already serving a life sentence for murdering his first wife, was released on parole and subsequently murdered his second wife Nagamma and their 16‑year‑old daughter Vijayalakshmi with a hunting knife while they slept. He was convicted under Section 302 IPC and sentenced to death by the …

MUKHTIAR AHMED ANSARIversusSTATE (N.C.T. OF DELHI)

2005 INSC 224Appeal(s) allowed

Mukhtiar Ahmed Ansari was convicted under TADA (Sec. 5) and the Arms Act (Sec. 25(IB)) for allegedly possessing firearms and ammunition in a notified area after being arrested near Delhi's Bahai Temple in 1993. He had earlier been acquitted of the related kidnapping charge. On appeal, the Supreme …

VASANT TUKARAM PAWARversusSTATE OF MAHARASHTRA

2005 INSC 209Disposed off

Vasant Tukaram Pawar was convicted under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income and sentenced to seven years' rigorous imprisonment and a fine of Rs.1,00,000. He appealed to the Bombay High Court seeking suspension of the sentence and …

DATTU SHAMRAO VALKE AND ANR.versusSTATE OF MAHARASHTRA

2005 INSC 210Case Partly allowed

The case arose from a violent altercation in the village of Walkewadi where the deceased Krishna and his son Bajirao, accompanied by family members, went to the fields armed with axes and sticks. The appellants, Dattu Shamrao Valke and Tanaji Shamrao Valke, also armed with a double‑barrel gun, axes …

STATE OF RAJASTHANversusBIRAM LAL

2005 INSC 207Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Biram Lal for the offence of rape under Section 376 IPC. The trial court had convicted him under Sections 376 and 450 IPC based on the testimony of the prosecutrix and four witnesses. The High Court upheld the conviction for house‑trespass (Section …

HOLIRAM BORDOLOIversusSTATE OF ASSAM

2005 INSC 195Dismissed

Holiram Bordoloi, the appellant, was part of a gang that attacked the bamboo hut of Narayan Bordoloi, pelting stones, locking the door and setting it on fire, resulting in the deaths of Narayan and his six‑year‑old son, the latter being thrown back into the flames by the appellant. The appellant …

STATE OF HIMACHAL PRADESHversusPAWAN KUMAR

2005 INSC 193Appeal(s) allowed

The State of Himachal Pradesh appealed against the acquittals of Pawan Kumar in two criminal appeals, challenging the High Courts' findings that Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act was not complied with during the search of a bag carried by the accused. The …

RANJITSING BRAHMAJEETSING SHARMAversusSTATE OF MAHARASHTRA AND ANR.

2005 INSC 190Appeal(s) allowed

The case arose from the investigation of a massive counterfeit stamp scam in which the former Pune Police Commissioner, Ranjitsing Sharma, was arrested under the Maharashtra Control of Organized Crime Act (MCOCA) on allegations that he had helped and supported members of the organized crime …

KAMALANANTHA AND ORS.versusSTATE OF TAMIL NADU

2005 INSC 183Dismissed

The Supreme Court examined the conviction of a swami and his associates for the systematic rape of thirteen orphaned girls in an ashram and the murder of a male inmate. The Court held that the victims' consent was obtained by deceit and threat, rendering it invalid under Section 375 IPC, and that …

K. KALIMUTHUversusSTATE BY D.S.P.

2005 INSC 165Disposed off

The appellants, who were public servants, were charged with offences under the IPC and the Prevention of Corruption Act and contended that the Special Judge could not take cognizance without the prior sanction required by Section 197 of the Code of Criminal Procedure, 1973. The High Court held that …

HEM RAJ AND ORS.versusSTATE OF HARYANA

2005 INSC 162Appeal(s) allowed

The appellants were convicted for the murder of Hemant Kumar under Section 302 IPC based primarily on the testimony of two related eyewitnesses, PW4 and PW5. An independent eyewitness, Kapur Singh, who was present at the scene, was never examined, and the prosecution offered no explanation for this …

BIJENDER SINGHversusSTATE OF HARYANA AND ANR.

2005 INSC 160Disposed off

An FIR was lodged for murder and related offences committed on 17‑11‑1999. The accused, aged 17 years and 8 months at the time, applied to be treated as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. The 1986 Juvenile Justice Act, then in force, defined a male …

AHMED NOORMOHMED BHATTIversusSTATE OF GUJARAT AND ORS.

2005 INSC 144Dismissed

Ahmed Noormohmed Bhatti challenged the criminal proceedings initiated against him on complaints of private respondents and sought a declaration that Section 151 of the Criminal Procedure Code (CrPC) was unconstitutional. The Gujarat High Court dismissed his petition, holding that the provision was …

MAHENDRA BABURAO MAHADIK AND ORS.versusSUBHASH KRISHNA KANITKAR AND ORS.

2005 INSC 148Dismissed

The Bhiwandi Municipal Council took over a strip of land for road widening and granted the appellants only repair permission for the remaining land (ground + two storeys). The appellants nevertheless erected a six‑storey building. The Council served a notice under Sections 52 and 53 of the …

IQBAL SINGH MARWAHversusMEENAKSHI ETC.

2005 INSC 129Dismissed

The appellant filed a probate suit seeking probate of a will, which the respondents alleged was forged and filed a criminal complaint under various IPC sections. The trial court dismissed the complaint invoking the bar under Section 195(1)(b)(ii) of the Code of Criminal Procedure (CrPC). On …

SHEIKH MEHEBOOB @ HETAK AND ORS.versusSTATE OF MAHARASHTRA

2005 INSC 127Appeal(s) allowed

The accused were convicted under IPC sections 302 and 34 for allegedly setting a 20‑year‑old victim on fire. The prosecution’s case rested on the victim’s dying declaration and the testimony of the victim’s father (PW‑2). The Supreme Court found that the father’s written report to police was …

RAVI KUMARversusSTATE OF PUNJAB

2005 INSC 121Appeal(s) allowed

Ravi Kumar was accused of killing Hans Raj with a dhangu during a quarrel that escalated into a physical fight. The trial court convicted him under Section 302 IPC for murder and the High Court affirmed the conviction. On appeal, the appellant contended that there was unreasonable delay in lodging …

RAMESH AND ORS.versusSTATE OF TAMIL NADU

2005 INSC 116Disposed off

The wife filed a complaint in Trichy alleging offences under Sections 498‑A, 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act against her husband, his relatives and the husband’s sister, Gowri Ramaswamy. The accused filed petitions under Section 482 CrPC seeking quashment on grounds of …

V. SUBRAMANI AND ANR.versusSTATE OF TAMIL NADU

2005 INSC 119Disposed off

The Supreme Court examined the appeal of Subramani and another against their conviction for murder under Section 302 IPC. The appellants claimed they acted in private defence while protecting themselves and their property during a violent altercation that resulted in the death of Vadivel. The Court …

HARBANS KAUR AND ANR.versusSTATE OF HARYANA

2005 INSC 112Disposed off

Harbans Kaur and Mitta Singh assaulted Sham Singh, inflicting grievous injuries that later caused his death. The victim’s father Piara Singh and wife Sito, who were relatives of the accused, testified as eyewitnesses; the FIR was lodged after a short delay. The trial court convicted the appellants …

MANGU KHAN AND ORS.versusSTATE OF RAJASTHAN

2005 INSC 105Dismissed

The appellants Mangu Khan, Sirdar Khan and Subedar Khan attacked an informant, his father and brother over a dispute concerning a bund, using lathis, farsi and tanchia. The father and brother were killed on the spot while the informant sustained injuries. The trial court convicted all five accused …

ADRI DHARAN DASversusSTATE OF WEST BENGAL

2005 INSC 87Disposed off

The appellant, A.D. Das, was charged under Sections 406, 467, 468, 471 and 420 IPC and applied to the Calcutta High Court for anticipatory bail under Section 438 of the CrPC, claiming a conspiracy against him. The High Court rejected the application, and the appellant appealed to the Supreme Court. …

SURESHversusMAHADEVAPPA SHIVAPPA DANANNAVA AND ANR.

2005 INSC 79Appeal(s) allowed

The appellant was accused of cheating under Section 420 IPC for allegedly failing to honour a 1988 agreement to sell a house and retain an advance payment. The complainant sent a legal notice in 1996, which the appellant denied, and only filed a private complaint under Section 200 CrPC in 1999, more …

SECY. DEPTT. OF HOME A.P. AND ORS.versusB. CHINNAM NAIDU

2005 INSC 69Dismissed

B. C. Naidu was selected as a Stipendiary Cadet Trainee Police Constable but was barred from training because the authorities said he had been arrested under the IPC and the Andhra Pradesh Public Examination Prevention of Malpractice and Unfair Means Act, 1997, which he had not disclosed in the …

STATE OF U.P.versusSATISH

2005 INSC 68Appeal(s) allowed

The State of Uttar Pradesh prosecuted Satish for the rape and murder of a six‑year‑old girl, relying on circumstantial evidence that the accused was last seen carrying the victim on a bicycle and on the recovery of both parties' undergarments. The trial court convicted Satish under sections 302, …

STATE OF HARYANAversusRAM PAL AND ORS.

2005 INSC 66Case Partly allowed

The State of Haryana sought leave to appeal under Section 378(3) of the CrPC against the acquittal of several accused in a case involving offences under Sections 148, 302, 452, 506, 323 and 149 of the IPC. The trial court had convicted some accused but acquitted others, holding that Section 149 IPC …

KAMESH PANJIYAR @ KAMLESH PANJIYARversusSTATE OF BIHAR

2005 INSC 57Dismissed

The appellant Kamesh Panjiyar was convicted under Section 304‑B IPC for the dowry death of his wife, Jaikali Devi, and sentenced to ten years' rigorous imprisonment, later reduced to seven years by the High Court. He appealed to the Supreme Court, contending that there was no live link between the …

IDRISH BHAI DAUDBHAIversusSTATE OF GUJARAT

2005 INSC 56Appeal(s) allowed

Idrish Daudbhai (appellant) was convicted under IPC sections 302 and 34 for allegedly sharing a common intention with three co‑accused to murder Siddique Ahmed Patel and to cause hurt to Yusuf Adam Patel. The prosecution's case rested on the testimony of three eye‑witnesses and the FIR, alleging …

STATE OF MADHYA PRADESHversusMUNNA CHOUBEY AND ANR.

2005 INSC 47Appeal(s) allowed

The State of Madhya Pradesh convicted Munna Choubey and others of rape under Section 376(1) IPC and sentenced them to seven years rigorous imprisonment, with an additional five years for offences under Section 450, to run concurrently. On appeal, the Madhya Pradesh High Court reduced the sentence to …

STATE OF M.P. THROUGH C.B.I. ETC.versusPALTAN MALLAH AND ORS. ETC.

2005 INSC 46Dismissed

The State of Madhya Pradesh, represented by the CBI, appealed against the High Court's acquittal of nine accused, including Paltan Mallah, for the murder of trade‑union leader Shankar Guha Niyogi. The trial court had convicted them under Section 302 read with Section 120B IPC based on circumstantial …

SUNIL KUMAR AND ANR.versusSTATE OF RAJASTHAN

2005 INSC 43Dismissed

The case involved eight accused who arrived together in a jeep, surrounded the deceased and assaulted him – one accused (R) delivering fatal knife blows while the others used hockey sticks, iron rods and pipes. R was convicted under Section 302 IPC and the remaining seven under Section 302 read with …

RAHUL AGARWALversusRAKESH JAIN AND ANR.

2005 INSC 36Disposed off

The appellant, Rahul Agarwal, filed a criminal complaint against Rakesh Jain arising from a land dispute, alleging offences under IPC sections 341, 294 and 506(2) read with 34. After the trial was posted for examination of the accused, the Assistant Public Prosecutor applied for withdrawal of the …

KAILASH VERMAversusPUNJAB STATE CIVIL SUPPLIES CORPORATION AND ANR.

2005 INSC 37Appeal(s) allowed

Kailash Verma, a partner in a rice mill, was charged under IPC sections 406 and 428 for alleged non‑delivery of paddy to the Punjab State Civil Supplies Corporation. He obtained discharge from the Chief Judicial Magistrate on the ground that he was a sleeping partner. The corporation challenged the …

JAGJIT SINGH @ JAGGAversusSTATE OF PUNJAB

2005 INSC 40Appeal(s) allowed

Jagjit Singh (Jagga) was convicted of murder of three persons and alleged rape based primarily on the testimony of a seven‑year‑old child witness, Billo (PW‑6). The child’s statements were recorded three and six days after the incident, after being allegedly prompted by her father, and she never …

PANCHANAN MISHRAversusDIGAMBAR MISHRA AND ORS.

2005 INSC 34Appeal(s) allowed

The respondents, convicted of murdering the complainant’s two sons and attempting to murder other family members, were released on bail by the High Court of Patna through non‑speaking orders that failed to consider the seriousness of the offences, the risk of evidence tampering and witness …

UMESH KAMATversusSTATE OF BIHAR

2005 INSC 33Appeal(s) allowed

Umesh Kamat was convicted under Section 396 IPC for a night dacoity in which an inmate was killed. The conviction rested solely on the testimony of three eyewitnesses (PW1, PW3, PW4) who identified him in a test identification parade held seven weeks after the incident, despite the dacoits wearing …

MATHAIversusSTATE OF KERALA

2005 INSC 30Disposed off

The appellant Mathai was convicted by the trial court and the Kerala High Court for voluntarily causing grievous hurt by using a stone, under Section 326 of the Indian Penal Code (IPC). He appealed to the Supreme Court, contending that the injury did not amount to "grievous hurt" and that the stone …

K. PRABHAKARANversusP. JAYARAJAN

2005 INSC 23Appeal(s) allowed

The Supreme Court examined two election disputes where candidates had been convicted and sentenced to imprisonment of more than two years, raising questions about disqualification under Section 8(3) of the Representation of the People Act, 1951. It held that the relevant dates for determining …

MOHD. SHAMIM AND ORS.versusSMT. NAHID BEGUM AND ANR.

2005 INSC 16Appeal(s) allowed

The husband (Mohd. Shamim) and his relatives were accused by his wife, Nahid Begum, of offences under Sections 406, 498A and 34 IPC. During the hearing of an anticipatory bail application, an Additional Sessions Judge facilitated a settlement whereby the appellants paid Rs. 2.25 lakh and agreed to …

PANDURANG SITARAM BHAGWATversusSTATE OF MAHARASHTRA

2004 INSC 724Appeal(s) allowed

The appellant, a police constable and landlord, was convicted under Section 354 IPC for outraging the modesty of his tenant's wife, while the three co‑accused were acquitted. The trial court had found the complainant's and her son’s statements unreliable and declared them hostile, but still …

HARI BADAN RAI AND ORS.versusSTATE OF BIHAR

2004 INSC 701Dismissed

Seven accused, including Hari Badan Rai, were tried for the murder of Ram Krishna Singh and the concealment of his dead body under Sections 302, 201 and 34 of the IPC. The prosecution proved that the accused attacked the victim with weapons, disposed of his body in a river, and that a decomposed …

CENTRAL BUREAU OF INVESTIGATIONversusAKHILESH SINGH

2004 INSC 702Dismissed

The Central Bureau of Investigation appealed against the Allahabad High Court’s order that quashed the murder‑conspiracy charges against Akhilesh Singh, a co‑accused in the killing of badminton player Syed Modi. The main accused, Dr. Sanjay Singh, and the deceased’s wife were earlier discharged, and …

THANGAIYAversusSTATE OF TAMIL NADU

2004 INSC 703Case Partly allowed

Thangaiya was convicted of murder for striking the deceased with a small stick, causing his death. The trial and High Courts upheld the conviction under Section 302 based on eyewitness testimony, including that of a "chance witness". On appeal, the Supreme Court examined whether a single blow with a …

ISRARversusSTATE OF U.P.

2004 INSC 696Dismissed

The appellant Israr and his co-accused Afzal were convicted for the murder of Zamil Ahmad under Section 302 read with Section 34 of the IPC. The prosecution relied on the dying declaration of the deceased and the testimony of four eye‑witnesses, who were relatives or friends of the victim, as well …

SUNITA DEVIversusSTATE OF BIHAR AND ORS.

2004 INSC 697Appeal(s) allowed

Sunita Devi filed a complaint alleging assault, attempted rape and robbery by Anuj Kumar and others. Anuj Kumar obtained anticipatory bail under Section 438 of the CrPC from the Patna High Court, which granted him an unconditional, unlimited protection. Sunita Devi appealed, contending that such …

BABULAL BHAGWAN KHANDARE AND ANR.versusSTATE OF MAHARASHTRA

2004 INSC 691Dismissed

On 8 August 1997, a quarrel between the accused Babulal Bhagwan Khandare, Nandulal and others and three deceased persons (Shivaji, Madhukar and Ramesh) escalated into a violent assault with knives and a rapier, resulting in the deaths of the three victims. The accused pleaded that they acted in …

STATE OF U.P.versusPAPPU @ YUNUS AND ANR.

2004 INSC 687Disposed off

The State of U.P. appealed the acquittal of two accused who had been convicted for rape under Section 376 IPC by the trial court. The High Court set them free on the sole ground that the prosecutrix was of "easy virtues," without providing any reasoning. The Supreme Court held that a victim's …

STATE OF U.P.versusKISHAN

2004 INSC 684Disposed off

The accused Kishan was convicted of murder under Section 304 Part‑II of the IPC and sentenced to seven years’ rigorous imprisonment. He appealed to the Allahabad High Court, seeking a lenient sentence on the ground that the offence occurred in 1988, and the High Court reduced his term to the period …

STATE OF ORISSAversusDEVENDRA NATH PADHI

2004 INSC 679Appeal(s) allowed

The Supreme Court examined whether, at the stage of framing of charge under Sections 227, 228, 239 and 240 of the Code of Criminal Procedure, a trial court may consider material produced by the accused and whether the accused can invoke Section 91 to summon documents. The Court held that the Code …

OM HEMRAJANIversusSTATE OF U.P. AND ANR.

2004 INSC 674Dismissed

The case concerned a complaint filed by a Dubai‑based bank (Respondent No. 2) in the Special Judicial Magistrate Court, Ghaziabad, alleging that the petitioner, Om Hemrajani, had defrauded the bank by obtaining loans in the United Arab Emirates and then fleeing the country. The magistrate took …

BANKAT AND ANR.versusSTATE OF MAHARASHTRA

2004 INSC 676Disposed off

Four accused (A‑1 to A‑4) were convicted under IPC sections 326/34 and 325/34 for causing grievous hurt. The trial court sentenced A‑1, A‑2 and A‑3 to one year imprisonment and a fine of Rs.500; A‑4, being a minor, received one month imprisonment and a fine of Rs.500. The Bombay High Court reduced …

KHUMAN SINGH AND ORS.versusSTATE OF MADHYA PRADESH

2004 INSC 673Appeal(s) allowed

During a flag ceremony near a temple, a dispute arose when an appellant's stick struck a participant, leading to a quarrel. The deceased intervened and was subsequently assaulted with lathis and stones, and trampled, resulting in multiple fractures and a fatal liver injury caused by a rib puncturing …

SATYAJIT BANERJEE AND ORS.versusSTATE OF WEST BENGAL AND ORS.

2004 INSC 670Disposed off

The accused were acquitted by the trial court of charges under Sections 306 and 498A IPC for the alleged cruel treatment and abetment of suicide of the deceased wife. The mother of the deceased filed a revision petition, and the Calcutta High Court set aside the acquittal, directing a fresh trial …

MUTHU KUTTY AND ANR.versusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2004 INSC 662Dismissed

The Supreme Court examined the appeal of the accused who were convicted for dowry death after the victim, Kodimalar, was set on fire by her in‑laws. The victim gave a dying declaration identifying the accused, which was recorded by a Judicial Magistrate in the presence of a doctor who certified her …

STATE OF MADHYA PRADESHversusRAMESH

2004 INSC 657Appeal(s) allowed

The State of Madhya Pradesh appealed against the Madhya Pradesh High Court's decision to reduce Ramesh's conviction for murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC) on the ground of self‑defence. The Supreme Court examined whether the shooting of the …

K. HASHIMversusSTATE OF TAMIL NADU

2004 INSC 650Dismissed

The appellants K. Hashim and another were convicted for counterfeiting US dollar notes, possession of counterfeit currency, and possession of materials used for counterfeiting under Sections 489A, 489C, 489D and for criminal conspiracy under Section 120B of the IPC. The conviction was based largely …

NIRMAL SINGH AND ANR.versusSTATE OF BIHAR

2004 INSC 652Dismissed

The State alleged that on 14 March 1997 four men, including appellants Nirmal Singh and Ranjan Singh, went to the deceased's house where Ranjan Singh allegedly urged Nirmal Singh to fire, resulting in a gunshot wound that killed the victim. The prosecution relied on the testimony of several …

MUNSHI SINGH GAUTAM (D) AND ORS.versusSTATE OF M.P.

2004 INSC 648Disposed off

The case concerned the custodial death of Shambhu Tyagi after alleged police beating at Shahjahanabad police station, leading to the conviction of five police officers under Sections 304 Part I, 330 and 201 IPC. On appeal, the Supreme Court examined whether the lack of a test identification parade …

MADHYA PRADESH SPECIAL POLICE ESTABLISHMENTversusSTATE OF MADHYA PRADESH AND ORS.

2004 INSC 642Leave Granted & Allowed

The Supreme Court examined whether the Governor of Madhya Pradesh could, in his own discretion, grant sanction for the prosecution of two former ministers despite the Council of Ministers' refusal to do so. A Lokayukta report had found prima facie evidence of corruption and conspiracy under the …

SARAVANAN AND ANR.versusSTATE OF PONDICHERRY

2004 INSC 634Dismissed

On 3 June 1990, a group of accused, including Saravanan (A3) and Natarajan (A4), assaulted a cyclist group, during which the deceased Nadamuni fell and sustained a head injury that was medically held sufficient to cause death. The prosecution argued there was no motive to kill, so the death did not …

DEELIP SINGH @ DILIP KUMARversusSTATE OF BIHAR

2004 INSC 636Appeal(s) allowed

The appellant, Deelp Singh, was convicted under Section 376 IPC for raping a girl, based on the prosecution's claim that she was under 16 and that the sexual intercourse was against her will or without consent, allegedly induced by a false promise to marry. The Supreme Court examined the age of the …

M/S ZANDU PHARMACEUTICAL WORKS LTD. AND ORS.versusMD. SHARAFUL HAQUE AND ORS.

2004 INSC 628Leave Granted & Allowed

The complainant filed a criminal complaint in 2002 alleging that the appellants had misled him about an appointment, invoking Sections 406, 409 and 418 of the IPC. The magistrate issued summons, but the appellants challenged the complaint on the ground that it was barred by the three‑year limitation …

STATE OF MADHYA PRADESHversusDHARKOLE @ GOVIND SINGH AND ORS.

2004 INSC 627Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court acquittal of three accused who were convicted by the trial court for murder and related offences under Sections 302, 149, 148 and 147 of the IPC. The High Court had set aside the conviction on the ground that medical evidence suggested the weapon …

STATE OF MAHARASHTRAversusSANJAY S/O DIGAMBARRAO RAJHANS

2004 INSC 617Dismissed

The State alleged that the accused, Sanjay, set fire to his fiancée Veena by pouring petrol from a can on her while riding a scooter, leading to her death. The prosecution's case relied heavily on two dying declarations recorded at the hospital, statements of the victim's parents, and the testimony …

SHASHIDHAR PURANDHAR HEGDE AND ANR.versusSTATE OF KARNATAKA

2004 INSC 610Dismissed

The appellants were charged with kidnapping a minor, demanding a ransom of Rs.3 lakh and threatening the victim’s father. The trial court acquitted them, citing discrepancies in witness testimonies and questioning the credibility of certain witnesses. On appeal, the High Court re‑appreciated the …

PARSURAM PANDEY AND ORS.versusTHE STATE OF BIHAR

2004 INSC 605Case Partly allowed

The case involved a violent incident in which Raghunath Pandey shot Kanhaiya Pandey, resulting in his death, and other accused fired indiscriminately causing injuries to villagers. The appellants Parshuram, Bishram and Somaru Pandey were convicted under Sections 302 read with 149 IPC, 307 IPC, 324 …

RANGANAYAKIversusSTATE BY INSPECTOR OF POLICE

2004 INSC 603Appeal(s) allowed

The deceased was poisoned with brandy allegedly mixed with a toxic substance by the first accused (A-1). The prosecution claimed that the appellant, A-2, the deceased's former wife, instigated A-1 to commit the murder, leading to convictions under Section 302 read with Section 109 of the IPC. On …

STATE OF RAJASTHANversusSHAMBHOOGIRI

2004 INSC 594Disposed off

The State of Rajasthan prosecuted Constable Shambhoogiri for accepting a bribe of Rs.200 from a complainant, PW‑1, after the Sub‑Divisional Magistrate (SDM) had taken a written complaint and the currency notes. The SDM noted the serial numbers of the notes, recovered them from the accused, prepared …

RANDHIR SINGH AND ANR.versusSTATE OF PUNJAB

2004 INSC 596Disposed off

Randhir Singh and another were convicted under Section 306 read with Section 34 of the IPC for abetting the suicide of their wife, who allegedly died by self‑immolation within seven years of marriage. The prosecution proved that the accused repeatedly demanded additional dowry, threatened a second …

ADU RAMversusMUKNA AND ORS.

2004 INSC 591Disposed off

A dispute over crop damage led the accused to surround and beat the deceased with lathis and axes, causing his death. The trial court convicted the accused under Section 302 (murder) read with Sections 149, 148 and 341 IPC. The Rajasthan High Court altered the conviction to Section 304 Part I …

SACHCHEY LAL TIWARIversusSTATE OF UTTAR PRADESH

2004 INSC 580Dismissed

The case involved two brothers, Sachchey Lal Tiwari and Bachchey Lal Tiwari, who were charged with murder of two sons of Achhaiber Misra after a dispute over a field demarcation line. The trial court convicted both under s.302 IPC, sentencing Sachchey to death and Bachchey to life imprisonment. The …

USMAN MIAN AND ORS.versusSTATE OF BIHAR

2004 INSC 572Dismissed

The deceased, Saista Khatoon, was the second wife of appellant No.1 (Usman Mian) and step‑daughter of appellants No.2 and No.3, who were hostile to the marriage. She was found dead on the verandah of the appellants' house with visible injuries; the appellants attempted to bury the body and fled when …

STATE OF RAJASTHANversusTEG BAHADUR AND ORS.

2004 INSC 560Dismissed

The State of Rajasthan appealed against the Rajasthan High Court’s acquittal of Teg Bahadur and others, who were charged under Sections 498A, 304B and 201 IPC for the death of Suman within seven years of marriage. The prosecution alleged dowry demand and harassment leading to her death, but many …

ARUN GARGversusSTATE OF PUNJAB AND ANR.

2004 INSC 561Case Partly allowed

Arun Garg was convicted for the dowry death of his wife Seema, who died within three years of marriage after alleged repeated dowry demands and harassment, culminating in her poisoning with aluminium phosphide. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.2,000; …

SHIVAPPA BUDAPPA KOLKAR @ BUDDAPPAGOLversusSTATE OF KARNATAKA AND ORS.

2004 INSC 563Case Partly allowed

The appellant, Buddappa Kolkar, was charged with murder (S.302 IPC) after he struck the deceased, Hanamant Basappa, on the head with an axe during a quarrel over a bullock‑cart passage. The trial court acquitted him, but the Karnataka High Court convicted him of murder. On appeal, the Supreme Court …

HARDEEP SINGH SOHAL ETC.versusSTATE OF PUNJAB THROUGH CBI

2004 INSC 557Appeal(s) allowed

The appellants, doctors Hardeep Singh Sohal and Surinder Singh Sandhu, were convicted for the murder of Dr. Megh Raj Goel based largely on a confession recorded from the alleged conspirator Balwinder Singh under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) and …

KISHORI LALversusRUPA AND ORS.

2004 INSC 541Leave Granted & Allowed

The respondents were convicted of murder under IPC s.302 read with s.34 and sentenced to life imprisonment. While on trial they had been on bail and allegedly did not misuse that liberty, and later filed an application under CrPC s.389 seeking suspension of the sentence and bail. The Allahabad High …

KACHRULAL BHAGBIRATH AGRAWAL AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 538Dismissed

The appellants, wholesale dealers in dry chillies, stored and handled large quantities of chillies in a godown located in a residential locality. Residents complained that the loading, unloading and storage caused health problems and physical discomfort, and invoked Section 133(1)(b) of the Code of …

PRITHVI RAJ AND ORS.versusKAMLESH KUMAR AND ANR.

2004 INSC 534Appeal(s) allowed

The appellants were convicted of offences under Sections 148, 323 and 324 of the IPC and were placed on probation for two years under Sections 3 and 4 of the Probation of Offenders Act, 1958. The complainant filed an appeal under Section 11(2) of the Act challenging the propriety of the probation …

PRAMOD MANDALversusSTATE OF BIHAR

2004 INSC 528Dismissed

The appellant, Pramod Mandal, was convicted under Section 396 IPC for a dacoity and murder that occurred on 13 January 1989. He appealed to the Supreme Court, challenging the conviction on the ground that the Test Identification Parade (TIP) was held about a month after the incident and that only …

ANIL KUMARversusSTATE OF U.P.

2004 INSC 524Dismissed

Three men were tried for murder under IPC sections 302 and 34. The trial court acquitted all of them, relying on the claim of self‑defence and the prosecution’s failure to explain minor injuries on the accused. The State appealed; during the pendency two accused died and the High Court …

SURENDRA PAL SHIVBALAKPALversusSTATE OF GUJARAT

2004 INSC 526Disposed off

Surendra Pal Shivbalakpal, a migrant labourer, was accused of kidnapping, raping and murdering a minor girl named Savitri (Sanju). The prosecution relied on eyewitness testimony that the accused was seen carrying a child at night, forensic analysis showing blood and semen stains on his clothing, and …

MALLESHIversusSTATE OF KARNATAKA

2004 INSC 523Dismissed

The appellant, Malleshi, abducted a college student (PW‑2) by deceit, threatened him and communicated a demand of Rs 4 lakh to be paid by the victim's father for his release. The demand was not conveyed to the father because the accused were arrested before it could be made. The trial court …

STATE OF RAJASTHANversusBHANWAR SINGH

2004 INSC 521Dismissed

The State of Rajasthan charged Bhanwar Singh and five others with murder under IPC s.302 and assault under s.323. The trial court convicted Singh, sentencing him to life imprisonment, while the High Court acquitted him, finding the prosecution case unreliable. The Supreme Court examined the …

STATE OF HIMACHAL PRADESHversusSHREE KANT SHEKARI

2004 INSC 518Appeal(s) allowed

The accused, a school teacher, forcibly had sexual intercourse with his 4th‑standard student, who was about 14 years old at the time, and later became pregnant. The victim lodged an FIR after a delay, leading to trial where the accused was convicted under IPC sections 376 (rape) and 506 (criminal …

STATE OF HIMACHAL PRADESHversusMAST RAM

2004 INSC 509Appeal(s) allowed

The State prosecuted Mast Ram for murder under IPC 302, alleging he shot the deceased Uttam Chand with a double‑barrel muzzle‑loaded gun. The trial court, relying on eyewitness accounts, a post‑mortem report, a ballistic expert report and a spot‑inspection that placed the victim within firing range, …

RAM KISHAN AND ORS.versusSTATE OF UTTAR PRADESH

2004 INSC 511Dismissed

The deceased Shiv Shankar Singh was attacked and killed with lathis fitted with iron rings after being intercepted on a motorcycle by the appellants. Three eye‑witnesses, who were friends of the deceased, testified to the assault, and a post‑mortem showed head injuries and an empty stomach. The …

STATE OF RAJASTHANversusIKBAL HUSSEN

2004 INSC 502Appeal(s) allowed

The State of Rajasthan appealed the acquittal of IKBAL HUSSEN, whose trial for offences under the IPC had been pending for six years. The trial court had closed evidence and acquitted him based on the decisions in Raj Deo Sharma and Common Cause, which prescribed limitation periods for criminal …

SRI NARAYAN SAHA AND ANR.versusSTATE OF TRIPURA

2004 INSC 505Dismissed

The appellants, Sri Narayan Saha and another, were convicted under IPC sections 376 read with 34 for raping a married woman (PW‑3). The victim reported the crime five days after the incident, and the medical examination was inconclusive due to profuse bleeding. Both the trial court and the High …

STATE OF RAJASTHANversusKHUMA

2004 INSC 506Dismissed

The State of Rajasthan charged Khuma with murder under Section 302 of the IPC, and the trial court convicted him based on three circumstantial points: he was allegedly the last person seen with the deceased, he was found in possession of incriminating items at arrest, and blood‑stained articles were …

PARMANANDA PEGUversusSTATE OF ASSAM

2004 INSC 491Appeal(s) allowed

Parmananda Pegu and his co‑accused Jitu Pegu were convicted and sentenced to death for kidnapping and murdering two minor boys under Sections 302 and 365 IPC. The conviction was based largely on an extra‑judicial confession recorded during a crime‑scene recreation, a judicial confession under …

THE STATE OF WEST BENGAL AND ORS.versusBABU CHAKRABORTY

2004 INSC 492Case Partly allowed

The police conducted a night raid on the accused's house based on secret information and seized heroin, but failed to comply with the mandatory procedural requirements of Section 42 of the NDPS Act, including recording the information in writing and preparing a search memo. The trial court convicted …

NIRMAL JEET KAURversusTHE STATE OF MADHYA PRADESH AND ANR.

2004 INSC 490Appeal(s) allowed

The appellant, Nirmal Jeet Kaur, alleged dowry harassment and filed a criminal complaint against her husband (Respondent No.2) under Sections 498A, 506 IPC and the Dowry Prohibition Act. Respondent No.2 sought anticipatory bail under Section 438 CrPC, which the High Court disposed of, directing him …

YAKUB ISMAILBHAI PATELversusSTATE OF GUJARAT

2004 INSC 489Dismissed

The appellant Yakub Ismailbhai Patel was convicted under Section 302 read with Section 34 of the IPC for the murder of Nizamuddin. The prosecution relied primarily on the testimony of a single eye‑witness (PW‑2) who identified the accused, supported by a second witness (PW‑1), forensic evidence of a …

BATHUSINGH AND ORS.versusSTATE OF M.P.

2004 INSC 473Dismissed

The appellants Bathusingh, Nar Singh, Bhal Singh and others were charged with the murder of Dhan Singh and Bhuru, based on the testimony of three eye‑witnesses and corroborating medical evidence showing multiple stab wounds and fractures. The accused pleaded self‑defence, alleging that their crops …

GILBERT PEREIRAversusSTATE OF KARNATAKA

2004 INSC 467Dismissed

The appellant, Gilbert Pereira, was accused of murdering a young girl and robbing her of gold ornaments. The prosecution relied entirely on circumstantial evidence, including the victim’s body found in a house the appellant could access, blood‑stained clothes and knife matching the victim’s blood …

STATE OF MAHARASHTRAversusSITARAM POPAT VETAL AND ANR.

2004 INSC 465Leave Granted & Allowed

The State of Maharashtra appealed against the Bombay High Court's order granting bail to six accused, including Sitaram Popat Vetal, in a murder case (Section 302 IPC) concerning the death of Hanumant Vithal Chaudhary. The High Court had released the accused on the ground that they were falsely …

STATE OF U.P.versusKISHAN CHAND AND ORS.

2004 INSC 459Appeal(s) allowed

The State of Uttar Pradesh charged five accused with murder and other offences arising from a violent incident on 3 August 1974 during a festival, where the accused formed an assembly, used firearms and sticks, and killed two persons while injuring others. The trial court convicted them under …

PUNJAB NATIONAL BANKversusR.L. VAID AND ORS.

2004 INSC 464Leave Granted & Disposed off

The accused, charged under IPC s.120‑B and the Prevention of Corruption Act, applied to the trial court for the production of eight documents. The CBI and Punjab National Bank (the appellant) claimed the documents were privileged communication under Evidence Act s.124. The trial court ordered …

STATE OF KARNATAKAversusBHASKAR KUSHALI KOTHARKAR AND ORS.

2004 INSC 458Appeal(s) allowed

The State of Karnataka appealed against the Karnataka High Court's acquittal of four accused who had been convicted by a Sessions Court for murder and related offences under Sections 304 Part II, 149, 324, 148 and 143 of the IPC. The High Court set aside the conviction on the sole ground that the …

Y. ABRAHAM AJITH AND ORS.versusINSPECTOR OF POLICE, CHENNAI AND ANR.

2004 INSC 454Leave Granted & Allowed

The appellants challenged the jurisdiction of a Chennai Metropolitan Magistrate to try a complaint alleging offences under Sections 498A, 406 IPC and the Dowry Act, arguing that no part of the cause of action arose within the magistrate's local area. The High Court dismissed their Section 482 …

CHAMAN LALversusSTATE OF U.P. AND ANR.

2004 INSC 451Leave Granted & Allowed

The appellant State of U.P. challenged the Allahabad High Court's order granting bail to respondent No.2, who was accused of murdering a money‑lender under Sections 302 and 120B IPC. The High Court had granted bail on the ground that the accused's name was not mentioned in the FIR, without recording …

DASHRATH SINGHversusSTATE OF U.P.

2004 INSC 449

The case arose from a violent dispute over a piece of land in which the victim, Pratap Singh, was struck on the head with a kanta and later died after 38 days of medical treatment. The trial court convicted both appellants, Dashrath Singh and Raja Ram, under Section 302 (murder) and related …