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Indian Penal Code

17481 judgments · newest first · showing 16001–16200

RAVIversusSTATE REP. BY INSPECTOR OF POLICE

2004 INSC 441Dismissed

Six accused, including A‑1 Ravi, formed an unlawful assembly armed with knives and sticks and, driven by a grievance over the death of a sister, entered the house of the victim Shanmugam, assaulted him and caused injuries that led to his death. The prosecution relied on eye‑witnesses (the victim's …

STATE OF ORRISAversusNALINIKANTA MUDULI

2004 INSC 443Leave Granted & Allowed

The State of Orissa appealed against a single judge of the Orissa High Court who had quashed three petitions filed by the accused, Nalinikanta Muduli, under Section 482 of the CrPC, relying on the Patna High Court decision J.A.C. Saldanha (1979). The State contended that the cited decision had been …

SHRI S.K. ZUTSHI AND ANR.versusSHRI BIMAL DEBNATH AND ANR.

2004 INSC 430Dismissed

The complainant alleged that Border Security Force personnel, including the appellants, entered his shop, demanded Rs 10,000 as illegal gratification, ransacked the premises, seized goods and documents, and threatened him, constituting offences under IPC sections 395, 447 and 506. The appellants …

STATE BANK OF INDIAversusR.B. SHARMA

2004 INSC 432Leave Granted & Allowed

The employee R.B. Sharma, a manager of State Bank of India, was suspended and faced both a departmental inquiry under the SBI Officers Service Rules and a criminal prosecution under the IPC for alleged fraud involving large sums. The employee obtained a stay of the departmental proceedings from the …

DHAIN SINGH AND ANR.versusSTATE OF PUNJAB

2004 INSC 435Disposed off

The Supreme Court examined an appeal by Dhian Singh and his paternal uncle against convictions for dowry death and concealment of evidence. The first appellant was found guilty under Sections 304‑B and 201 of the IPC for causing the death of his wife, Shinder Kaur, by burning her after demanding …

HARI RAMversusSTATE OF U.P.

2004 INSC 427Dismissed

Hari Ram was convicted of murder under Section 302 read with Section 34 of the Indian Penal Code for the killing of his brother-in-law, Kundan Lal, over a land dispute. The prosecution relied on the testimony of two eyewitnesses, who were relatives of the deceased, to establish that Hari Ram …

PRAKASH CHANDversusSTATE OF H.P.

2004 INSC 428Case Partly allowed

The appellant, accused of fratricide, shot his brother from about 35 feet after a verbal quarrel over the brother's dogs. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment, a decision upheld by the High Court. On appeal, the Supreme Court examined …

SRIDHAR BHUYANversusSTATE OF ORISSA

2004 INSC 429Case Partly allowed

The appellant, Sridhar Bhuyan, was convicted of murder under Section 302 IPC for stabbing the deceased during a quarrel over an eve‑teasing incident. The trial and High Courts upheld the conviction, but the appellant contended that the killing occurred in a sudden fight and fell under Exception 4 to …

BAPPA ALIAS BAPUversusTHE STATE OF MAHARASHTRA AND ANR.

2004 INSC 422Case Partly allowed

The appellant, Bappa alias Bapu, was convicted under IPC Section 307 for stabbing the victim, Bibhishan, on the stomach, back and neck, causing serious injuries but not death. He appealed, contending that the injuries did not amount to an attempt to murder and that the ten‑year rigorous imprisonment …

SURJIT SINGHversusNAHARA RAM AND ANR.

2004 INSC 423Leave Granted & Allowed

The informant, Surjit Singh, alleged that the accused, Nahara Ram and another, fired shots at him while he was spraying his paddy field, causing injuries. The trial court convicted them under Section 326 of the IPC and Section 27 of the Arms Act, sentencing them to five years' rigorous imprisonment …

KARNAM RAM NARSAIAH AND ORS.versusSTATE OF ANDHRA PRADESH

2004 INSC 424Dismissed

Seventeen persons were tried for offences including murder; five were convicted, and the High Court upheld the murder convictions of A1‑A4 under Section 302 read with Section 34. The appellants argued that the charge sheet did not specifically allege an offence under Section 34 and that the evidence …

DR. SURESH GUPTAversusGOVT. OF N.C.T. OF DELHI AND ANR.

2004 INSC 418Leave Granted & Allowed

Dr. Suresh Gupta, a plastic surgeon, was charged under Section 304A of the IPC for the death of a patient during a minor nasal surgery. He sought quashing of the criminal proceedings under Section 482 of the CrPC, which the High Court refused. The Supreme Court examined whether the complaint and …

NAVAL KISHORE SINGHversusSTATE OF BIHAR

2004 INSC 420Dismissed

On 17 November 1974, Baijnath Singh was killed after the appellant thrust a spear into his abdomen during an altercation. The Sessions Court convicted the appellant and a co‑accused under Sections 302 and 34 of the IPC for murder; the High Court later acquitted the co‑accused and reduced the …

MAULAVI HUSSEIN HAJI ABRAHAM UMARIversusSTATE OF GUJARAT AND ANR.

2004 INSC 409Dismissed

The appellant, Maulavi Hussein Haji Abraham Umari, was arrested in connection with a train attack and initially placed in police custody. An application under Section 49(2) of the Prevention of Terrorism Act, 2002 (POTA) was filed to extend his police remand beyond the statutory 30‑day limit, and …

STATE OF HARYANAversusHASMAT

2004 INSC 401Leave Granted & Disposed off

The State of Haryana appealed against the Punjab and Haryana High Court's order granting bail and suspending the life sentence of Hasmat, who had been convicted of murder (IPC s.302 r/w s.149) and related offences. Hasmat had applied under CrPC s.389 for suspension of sentence pending appeal, and …

SAKSHIversusUNION OF INDIA

2004 INSC 383Dismissed

The Supreme Court considered a public‑interest writ petition seeking a declaration that the term "sexual intercourse" in Section 375 of the Indian Penal Code should be interpreted to include all forms of penetration, thereby expanding the definition of rape. The petition also sought procedural …

N. SOMASHEKAR (DEAD) BY LRS.versusSTATE OF KARNATAKA

2004 INSC 361Disposed off

The accused, a senior police officer, was alleged to have assaulted and caused the death of a man in a hotel swimming pool. The trial court acquitted him, finding the medical evidence and witness testimony insufficient, while the Karnataka High Court set aside the acquittal, convicted him under …

VILAS PANDURANG PATILversusSTATE OF MAHARASHTRA

2004 INSC 363Dismissed

V.P. Patil was accused of murdering his first wife Suman. The prosecution relied on motive, the accused's suspicious conduct, extra‑judicial confessions to two witnesses, blood‑stained articles, the mangalsutra and blood found in the accused's nail clippings, and a medical report indicating death by …

ANIL SHARMA AND ORS.versusSTATE OF JHARKHAND

2004 INSC 330Dismissed

The Supreme Court examined appeals by six accused, including Anil Sharma, convicted of murder and other offences under Sections 302, 307, 147, 148, 149, 326 and 452 read with Section 34 of the IPC. The appellants challenged the refusal to allow a fresh examination of a key eyewitness (PW‑6) and …

SAHDEO AND ORS.versusSTATE OF U.P.

2004 INSC 331Disposed off

The case arose from a violent incident on 12 January 2000 in which a group of accused intercepted a bus, entered it armed with firearms and indiscriminately shot eight passengers, later chasing two survivors to a house where they were also killed. The trial court convicted five of the accused under …

STATE OF WEST BENGALversusSADAN K. BORMAL AND ANR.

2004 INSC 326Appeal(s) allowed

The State of West Bengal filed a criminal appeal against S.K. Bormal and others, who were charged under the Prevention of Corruption Act, 1947 for offences alleged to have been committed in August 1988. The 1947 Act was repealed on 9 September 1988 by the Prevention of Corruption Act, 1988, and the …

CHANDA AND ORS.versusSTATE OF U.P. AND ANR.

2004 INSC 327Dismissed

The case involved eight accused who formed an unlawful assembly and attacked the deceased Qasim, resulting in his death. The trial court convicted the accused under Section 302 read with Section 149 IPC, but later the High Court altered the conviction to Section 304 Part I read with Section 149 and …

STATE OF U.P.versusVEER SINGH AND ORS.

2004 INSC 320Appeal(s) allowed

The State of Uttar Pradesh prosecuted several accused for the murder of members of two families. The sole surviving witness, Harbhajan Kaur (PW‑4), gave a statement that was recorded as a dying declaration, although she later survived. The trial court convicted five accused based on her statement …

STATE OF MAHARASHTRA AND ORS.versusASHA ARUN GAWALI AND ANR.

2004 INSC 317Disposed off

The Bombay High Court quashed the detention of a prisoner under the National Security Act after finding that the jail officials had allowed unauthorised visitors to meet the inmate, facilitating conspiracies to commit murders. The High Court directed criminal prosecution of three jail …

MANORANJAN DASversusSTATE OF JHARKHAND

2004 INSC 302Appeal(s) allowed

Manoranjan Das, a businessman, introduced Loknath Acharya to a bank for opening a current account. Acharya later presented forged demand drafts and withdrew money, leading the bank to discover the fraud and file a police complaint against Acharya, Das and a bank employee under Sections 420 and 109 …

N. BHARGAVAN PILLAI (DEAD) BY LRS. AND ANR.versusSTATE OF KERALA

2004 INSC 293Dismissed

N.B. Bhargavan Pillai, a public servant on deputation, failed to hand over stock of rice, palmolein and sugar at the end of his tenure, resulting in a shortage valued at Rs.1,63,770. He deposited Rs.50,000 and promised to pay the balance, but retired before a sanction for prosecution could be …

JANAK SINGH AND ANR.versusSTATE OF UTTAR PRADESH

2004 INSC 285Dismissed

The deceased Khetrapal was proceeding to execute a will in favour of Bhuri Singh when Janak Singh and his accomplice Sarvesh, armed with firearms, opened fire, killing Khetrapal and injuring the witnesses. The prosecution relied on the testimony of Bhuri Singh (PW‑1), an injured eyewitness, to …

RAM BALIversusSTATE OF UTTAR PRADESH

2004 INSC 272Dismissed

The appellant Ram Bali Singh was convicted of murder under Section 302 IPC based on the testimony of two eyewitnesses. He challenged the conviction alleging that medical evidence of an empty stomach contradicted the ocular evidence, that the investigation was defective because the gun was not …

DAROGA SINGH AND ORS.versusB.K. PANDEY

2004 INSC 263Dismissed

The case arose from an incident on 18 November 1997 in Bhagalpur where police officers, not in uniform and armed with lathis, forcibly entered the courtroom and chambers of Additional District and Sessions Judge D.N. Barai, assaulting him, court staff and lawyers while demanding the unconditional …

STATE OF UTTAR PRADESHversusDEVENDRA SINGH

2004 INSC 265Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Devendra Singh, who was charged under IPC sections 302, 376 and 201 for the rape and murder of a ten‑year‑old girl. The victim was last seen with the accused in his sugarcane field, and her body was later discovered buried there after the accused …

NARENDRA SINGH AND ANR.versusSTATE OF M.P.

2004 INSC 259Appeal(s) allowed

The appellant Narendra Singh was accused of murdering his wife Bimlabai by throttling her and then setting her body on fire, allegedly to conceal a dowry dispute. The trial court acquitted all accused, but the Madhya Pradesh High Court reversed the acquittal, convicting the husband under Sections …

N.K. PRASADAversusGOVERNMENT OF INDIA AND ORS.

2004 INSC 251Dismissed

The appellant, N.K. Prasada, was respondent No.8 in two writ petitions filed as public interest litigations (PIL) in the Andhra Pradesh High Court alleging malfunctioning of the Commissioner of Central Excise and Customs. The High Court held that the petitions were engineered by the appellant to …

DALBIR SINGHversusSTATE OF U.P.

2004 INSC 243

Dalbir Singh was tried for the murder of his wife and two daughters and was convicted under Sections 302 and 498A of the IPC, while being acquitted of Section 304B. The High Court upheld the conviction under Section 498A and found that the evidence supported a conviction under Section 306 (abetment …

GUBBALA VENUGOPALASWAMY AND ORS.versusSTATE OF ANDHRA PRADESH

2004 INSC 238Disposed off

The appellants were convicted of murder (IPC 302) and related offences (IPC 326, 324) based largely on the testimony of a single eye‑witness (PW‑1) whose evidence was held by the trial and high courts to be not wholly reliable, while two other eye‑witnesses turned hostile. The appellants challenged …

MAIN PAL AND ANR.versusSTATE OF HARYANA AND ORS.

2004 INSC 236Dismissed

The accused Main Pal and others were charged with murder of Hans Raj and offences under the Arms Act. The prosecution relied on eye‑witnesses PW‑1 (Ram Sarup) and PW‑2 (Devi Lal), who were relatives of the deceased, and on firearms recovered at the behest of the accused. The trial court acquitted, …

MADAN SINGHversusSTATE OF BIHAR

2004 INSC 223Dismissed

The case concerns an appeal by Madan Singh and others against their conviction for murder, attempted murder, assault, robbery and offences under the Arms Act and the Terrorist and Disruptive Activities (Prevention) Act (TADA). The police raided a house where about 20‑25 persons were assembled; a …

STATE OF ANDHRA PRADESHversusC. UMA MAHESWARA RAO AND ANR.

2004 INSC 219Appeal(s) allowed

The State of Andhra Pradesh appealed the acquittal of two public servants who were members of a tender opening committee and were alleged to have demanded and accepted Rs 5,000 each as gratification for clearing a tender file. The complainant lodged a police complaint and was caught in a trap; the …

SMT. SHAILversusSHRI MANOJ KUMAR AND ORS.

2004 INSC 216Disposed off

The petitioner, Smt. Shail, was a victim of offences under Sections 376 and 328 of the IPC by the respondent, Manoj Kumar, who later married her to avoid conviction but subsequently deserted her. She filed a maintenance application under Section 125 of the CrPC before the Family Court, which was …

STATE OF MADHYA PRADESHversusSANJAY RAI

2004 INSC 210Dismissed

The State of Madhya Pradesh charged Sanjay Rai and his parents with offences under Sections 302, 3048 and 201 IPC for the death of Rai's wife, Anita Bai. The trial court convicted Rai under Section 3048, relying heavily on textbook opinions on medical jurisprudence to infer strangulation. On appeal, …

STATE OF ORISSA THROUGH KUMAR RAGHVENDRA SINGH AND ORS.versusGANESH CHANDRA JEW

2004 INSC 206Appeal(s) allowed

The State of Orissa, represented by forest officials, appealed against a complaint filed by G.C. Jew alleging assault, illegal seizure of ivory and other offences under the IPC, the Orissa Forest Act and the Wildlife Protection Act. The respondents claimed the officials acted without legal …

STATE OF ANDHRA PRADESHversusRAJ GOPAL ASAWA AND ANR.

2004 INSC 179Case Partly allowed

The Supreme Court examined the suicide of a young woman within months of her marriage, for which her brother‑in‑law (A‑1) and mother‑in‑law (A‑2) were convicted under Sections 304‑B IPC and 498‑A IPC for demanding dowry. The State appealed the High Court’s acquittal of the accused, arguing that a …

A.S. KRISHNAN AND ANR.versusSTATE OF KERALA

2004 INSC 180Dismissed

The appellants, a doctor and his son, conspired with an assistant registrar to forge pre‑degree mark sheets to obtain medical college admission. The forged mark list was used knowingly, as evidenced by inconsistencies in marks, the date of the document, and the appellants' request for re‑valuation. …

BALA SEETHARAMAIAHversusPERIKE S. RAO AND ORS.

2004 INSC 178Disposed off

The Sessions Court tried six accused for the murder of Vemulapalli Buddah Prasad, framing charges under Sections 148, 302 and 324 IPC. The High Court set aside the convictions under Section 302, substituting them with convictions under Section 304 Part I for one accused and Section 326 for the …

ESHER SINGHversusSTATE OF ANDHRA PRADESH

2004 INSC 170Dismissed

The case involved Esher Singh and others who were accused of giving provocative speeches to promote a Khalistan movement and of conspiring to murder Joga Singh, the owner of several Sikh educational institutions. The Designated Court convicted Esher Singh under Section 4 of the Terrorist and …

DANI SINGH AND ORS.versusSTATE OF BIHAR

2004 INSC 167Dismissed

The appellants were convicted for the murder of two villagers after a violent mob attacked them with bombs and sharp weapons, subsequently burning the bodies. The prosecution alleged that the accused formed an unlawful assembly of five or more persons with a common object to kill the victims, and …

CHARAN SINGH AND ORS.versusSTATE OF UTTAR PRADESH

2004 INSC 153Disposed off

The case arose from a violent clash over a disputed passage construction in Uttar Pradesh, resulting in three deaths and several injuries. Twenty‑four persons were charged; the trial court convicted seven under Sections 302 and 307 read with Section 149 IPC, while the High Court affirmed those …

DHANAJ SINGH @ SHERA AND ORS.versusSTATE OF PUNJAB

2004 INSC 154Dismissed

The appellants, Dhanaj Singh @ Shera and others, were convicted for murder under Section 302 read with Section 34 of the IPC. They contended that the police investigation was defective – forensic samples were not sent for chemical or ballistic analysis and several potential witnesses were not …

KOPPULA VENKAT RAOversusSTATE OF ANDHRA PRADESH

2004 INSC 155Appeal(s) allowed

The appellant, Koppula Venkat Rao, was convicted of rape for allegedly forcing a teenage girl into a cattle shed, dragging her onto his bicycle, and ejaculating before any penetration occurred. The trial court and High Court upheld the conviction under Section 376 IPC, treating ejaculation as the …

KUNHIABDULLA AND ANR.versusSTATE OF KERALA

2004 INSC 146Disposed off

The deceased woman, Sherifa, married in 1989, allegedly faced mental and physical harassment from her husband for not receiving the full dowry of Rs.35,000. On 29 August 1991 she jumped into an uncovered well, resulting in her death, which the prosecution claimed was a suicide linked to dowry …

VASANT VITHU JADHAVversusSTATE OF MAHARASHTRA

2004 INSC 147Dismissed

Vasant Vithu Jadhav, a police constable, fired a rifle at his colleague Vilas from a distance of 6-8 feet while the victim slept, causing only simple hurt as the bullet fragmented. He was convicted by the High Court under Section 307 of the Indian Penal Code for attempted murder and sentenced to ten …

SHANKAR NARAYAN BHADOLKARversusSTATE OF MAHARASHTRA

2004 INSC 148Case Partly allowed

Shankar Narayan Bhadolkar invited the deceased to a dinner and, after the meal, shot him at close range with a loaded gun, causing instantaneous death. The appellant then wrapped the body in a gunny bag and disposed of it in a well. He pleaded that the killing was accidental, invoking Section 80 …

STATE OF U.PversusABHAI RAJ SINGH AND ANR.

2004 INSC 142Disposed off

The accused were convicted of murder under Section 302 read with Section 34 of the IPC. The trial court records were destroyed in a fire, and the High Court, after a long delay, concluded that reconstruction was impossible and ordered the acquittal of the accused. The Supreme Court held that the …

HARI MOHAN MANDALversusSTATE OF JHARKHAND

2004 INSC 143Dismissed

Hari Mohan Mandal was convicted of offences under Sections 302 and 307 of the Indian Penal Code for a violent altercation that resulted in the death of Narayan Mandal and injuries to other witnesses. The appellant challenged the reliability of eyewitness testimony, argued that the injuries he …

LELLA SRINIVASA RAOversusSTATE OF ANDHRA PRADESH

2004 INSC 134Appeal(s) allowed

The deceased Bhavani and her infant daughter set themselves on fire and died. The prosecution alleged that the husband, Lella Srinivas Rao, and his mother had subjected Bhavani to cruelty and harassment, driving her to suicide, and charged them under IPC sections 498‑A and 306. Two dying …

HANS RAJversusSTATE OF HARYANA

2004 INSC 136Case Partly allowed

Hans Raj was convicted under Section 306 IPC for abetting the suicide of his wife, Jeeto Rani, and also under Section 498A IPC for cruelty. The prosecution’s case relied on the presumption in Section 113-A of the Evidence Act, asserting that the wife’s suicide within seven years of marriage and …

BIHARI NATH GOSWAMIversusSHIV KUMAR SINGH AND ORS.

2004 INSC 127Dismissed

The father of the deceased, Anup Goswami, appealed to the Supreme Court against the Patna High Court's order acquitting ten accused persons of abduction and murder under IPC sections 302, 149 and 364, 149. The trial court had convicted them, but the High Court, by a majority, found the prosecution …

PRITHVI (MINOR)versusMAM RAJ AND ORS.

2004 INSC 121Appeal(s) allowed

The case arose from a night-time assault in which four accused attacked the household of Hansraj, killing three persons and severely injuring a 13‑year‑old boy, Prithvi, who was the key eyewitness. The trial court convicted the accused under IPC sections 302, 307 and 460 and sentenced them to death …

R. PRAKASHversusSTATE OF KARNATAKA

2004 INSC 97Dismissed

The appellant, A-1, assaulted the victim PW-3 with a weapon, causing injuries that were classified as simple hurt. The trial court acquitted A-1, discarding the testimony of several eyewitnesses on the ground that they were friendly with the victim and deeming their evidence not cogent. On appeal, …

RAJU PANDURANG MAHALEversusSTATE OF MAHARASHTRA AND ANR.

2004 INSC 98Dismissed

The appellant, Raju Pandurang Mahale, lured the prosecutrix to the house of another accused by false pretence, locked the door from outside, supplied liquor and forced her to consume it, after which she was assaulted, forcibly disrobed and raped by another accused while nude photographs were taken. …

AMAN KUMAR AND ANR.versusSTATE OF HARYANA

2004 INSC 93Case Partly allowed

The appellants were convicted of rape under Section 376(2)(g) IPC based largely on the testimony of the prosecutrix, a minor girl, while other witnesses turned hostile. On appeal, the Supreme Court examined whether a prosecutrix's testimony can be relied upon without corroboration and whether the …

SASHI JENA AND ORS.versusKHADAL SWAIN AND ANR.

2004 INSC 95Appeal(s) allowed

The father of the deceased filed a complaint alleging that the appellants demanded additional dowry, tortured the victim and caused her death. A magistrate conducted an inquiry under Section 202 CrPC, during which an eye‑witness (PW 1) gave a statement that was later recorded. At trial PW 1 was …

NARAIN SINGH AND ANR.versusSTATE OF HARYANA

2004 INSC 87Appeal(s) allowed

Four accused abducted the deceased, who later died en route to the hospital. The prosecution relied solely on a statement recorded under Section 161 CrPC, treated as a dying declaration, to secure convictions. The trial court convicted all four; the High Court acquitted two on the ground that the …

ANTER SINGHversusSTATE OF RAJASTHAN

2004 INSC 88Appeal(s) allowed

Anter Singh was convicted for the murder of Hansraj based largely on a pistol and empty cartridges recovered after he, while in police custody, disclosed their location. The prosecution relied on Section 27 of the Indian Evidence Act to admit the recovered items, asserting they were the murder …

MOHANNANversusPRABHA G. NAIR AND ANR.

2004 INSC 77Disposed off

Mohannan filed a criminal complaint before a Judicial Magistrate alleging that Dr. Prabha G. Nair, a gynaecologist, was medically negligent, leading to the death of Mohannan's pregnant wife after delivery of a dead child. The magistrate took cognizance of an offence under Section 304-A of the Indian …

GIRIJA SHANKARversusSTATE OF U.P.

2004 INSC 79Case Partly allowed

The appellant, Giri Ja Shankar, was convicted along with three others for murder (Sec. 302), assault (Sec. 307) and snatching (Sec. 394) IPC, each conviction read with Sec. 34. The trial court and the High Court held that the accused shared a common intention, despite the fact that the fatal shot …

NARAINversusSTATE OF MADHYA PRADESH

2004 INSC 80Appeal(s) allowed

Eight persons, including Narain Singh, were tried for offences under various sections of the IPC for the death of Makhan and injuries to others. The prosecution's case relied on inconsistent statements from an informant, a disputed dying declaration, and eye‑witnesses who gave varying accounts of …

STATE OF U.P.versusVIRENDRA PRASAD

2004 INSC 74Appeal(s) allowed

The police raided the house of a gambling den where Virendra Prasad and his father Ram Prasad were present. When the police attempted to seize a rifle, Virendra snatched it from his father and fired seven rounds at the police party, killing ASI Gokaran Nath Pandey and injuring two constables. The …

STATE OF U.PversusNAWAB SINGH (DEAD) AND ORS.

2004 INSC 75Appeal(s) allowed

The deceased, a witness in a murder case, was shot dead at his home by the accused who sought to silence him. The trial court, relying on eye‑witness testimony and a post‑mortem report showing multiple gunshot injuries, convicted the accused under Sections 302 and 34 of the IPC and sentenced them to …

SIMON AND ORS.versusSTATE OF KARNATAKA

2004 INSC 66Dismissed

The case concerns a police convoy ambushed by a land‑mine blast and subsequent gunfire, killing 22 people. Four members of Veerappan's gang (Simon, Gnana Prakash, Madhiah and Bilavendra) were convicted under the Terrorist and Disruptive Activities (Prevention) Act, IPC, the Explosive Substances Act …

STATE OF M.P.versusDESHRAJ AND ORS.

2004 INSC 67Dismissed

Eleven accused were tried for the death of Ramdin and injuries to three witnesses arising from a sudden quarrel over a bullock‑cart fare. The trial court convicted ten of them under Section 323 read with Section 34 IPC, holding that the prosecution could not link specific injuries to specific …

K.C. BUILDERS AND ANR.versusTHE ASSISTANT COMMISSIONER OF INCOME TAX

2004 INSC 65Appeal(s) allowed

K.C. Builders, a partnership engaged in construction, filed original income tax returns for AY 1983-84 to 1986-87 and later revised them based on an approved valuer's report. The Assessing Officer treated the difference as concealed income and levied penalties under Section 271(1)(c) and initiated …

STATE OF KERALA AND ANRversusCHANDRAMOHANAN

2004 INSC 63Appeal(s) allowed

The State of Kerala appealed a Kerala High Court order that quashed charges under Sections 3(i) and 3(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the victim’s family had converted to Christianity two centuries earlier and therefore ceased …

KULWANT SINGH AND ORS.versusSTATE OF PUNJAB

2004 INSC 57Dismissed

The appellants, Kulwant Singh and others, were charged with murder, attempt to murder and causing hurt arising from a land‑boundary dispute in which two of the victims, Kartar Kaur and Partap Singh, were injured and later died. The trial court acquitted them on the basis of private defence, but the …

SHRI GOPAL AND ANR .versusSUBHASH AND ORS.

2004 INSC 59Dismissed

The case involved a murder arising from a rivalry between two village groups, leading to the death of Ramkumar. Five persons were tried; the trial court convicted all under Sections 148, 302 and 149 of the IPC, sentencing them to life imprisonment. The Rajasthan High Court acquitted three of the …

B. SHASHIKALAversusSTATE OF ANDHRA PRADESH

2004 INSC 51Dismissed

The deceased, married to the brother of the appellant, was allegedly poured with kerosene and set alight by the appellant and her mother. She escaped the house, was rescued by neighbours, and later died from extensive burns. While in the hospital, a dying declaration was recorded by a Munsif …

DASTAGIR SAB AND ANR.versusSTATE OF KARNATAKA

2004 INSC 52Dismissed

The appellant Dastagir Sab and another were convicted of rape under Section 376(2)(g) of the IPC. The prosecution proved that the victim had seen the accused on three occasions before the assault, that the accused were chased, caught, and allegedly confessed, and that semen was found on the victim's …

CHACKO @ ANIYAN KUNJU AND ORS.versusSTATE OF KERALA

2004 INSC 48Case Partly allowed

Four accused assaulted Kuttappan with the handles of an axe, spade and an iron rod at night, causing injuries mainly on non‑vital parts and a single fatal head wound. The trial court convicted them of murder under Section 302 read with Section 34, a decision affirmed by the Kerala High Court. On …

VIDHYA DEVI AND ANR.versusSTATE OF HARYANA

2004 INSC 42Dismissed

The appellants Vidhya Devi and others were convicted under Section 304‑B IPC for the dowry death of Satyawati, who was set ablaze four months after a dowry demand and died within seven years of marriage. The trial court and High Court upheld the conviction, and the appellants appealed, challenging …

MOTI LALversusSTATE OF M.P. (NOW CHHATTISGARH)

2004 INSC 43Dismissed

The appellant, a husband, was convicted for dowry harassment and cruelty towards his wife, which culminated in her suicide. The trial court found him guilty under IPC Sections 498A and 306 read with Section 34, sentencing him to three years for cruelty and seven years for abetment of suicide, to run …

SARDAR KHANversusSTATE OF KARNATAKA

2004 INSC 46Dismissed

The appellant, Sardar Khan, was convicted under Sections 302 and 498A of the Indian Penal Code for brutally murdering his wife and attempting to burn her body, following a pattern of harassment, assault causing abortion, and pawn‑selling her jewellery. The trial court sentenced him to life …

MEHBOOB DAWOOD SHAIKHversusSTATE OF MAHARASHTRA

2004 INSC 39Dismissed

Mehboob Dawood Shaikh was accused of instigating a mob assault and murder during a communal riot in Solapur. After being denied bail by the Sessions Judge, the Bombay High Court granted him bail. The State later moved an application under Section 439(2) of the CrPC to cancel the bail, alleging that …

T. SHANKAR PRASADversusSTATE OF ANDHRA PRADESH

2004 INSC 31Dismissed

The appellants, T. Shankar Prasad (Assistant Commercial Tax Officer) and Ghaiz Basha (Junior Assistant), were convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 for demanding and receiving a bribe to issue way‑bills. The complainant paid the demanded amount to …

REEMA AGGARWALversusANUPAM AND ORS.

2004 INSC 25Appeal(s) allowed

Reema Aggarwal married Anupam while his first wife was alive and was subsequently harassed for dowry by Anupam, his parents and brother, who forced her to ingest poison. She reported the incident and the accused were charged under IPC Sections 307 (attempt to murder) and 498A (dowry harassment). The …

ANDHRA BANKversusW.T. SESHACHALAM

2004 INSC 14Dismissed

The respondent, a clerk of Andhra Bank, was suspended pending departmental action and later faced criminal charges under Sections 409 and 436 of the Indian Penal Code. He was convicted by a trial court but acquitted on appeal; however, a departmental enquiry continued for several years, culminating …

CHANAKYA DHIBAR (DEAD)versusSTATE OF WEST BENGAL AND ORS.

2003 INSC 743Appeal(s) allowed

The case concerns the murder of Jaba Dhibar on 16 September 1985, for which five accused were convicted by the trial court under Sections 148 and 304 Part I read with Section 149 of the IPC. The Calcutta High Court acquitted the accused, disbelieving the testimony of two eye‑witnesses (PW‑3 and …

STATE OF ANDHRA PRADESHversusK. SRINIVASULU REDDY AND ANR.

2003 INSC 733Appeal(s) allowed

The State of Andhra Pradesh prosecuted K. Srinivasulu Reddy and others for the murder of Gangi Reddy, alleging a conspiracy driven by property disputes. The trial court convicted A-1 and A-2 under Section 302 IPC, finding a common intention to kill, while acquitting A-3 and A-4 and dismissing a …

SHAMSUDDIN AND ORS.versusSTATE OF M.P.

2003 INSC 734Dismissed

The case arose from communal disturbances in Sandhwa, Madhya Pradesh on 21 October 1990, where the deceased Rajunath was killed and Narish Chandra (PW‑1) was seriously injured. The accused, Shamsuddin and others, were charged under Sections 302 and 307 read with Section 34 of the IPC. The trial …

STATE OF PUNJABversusRAMDEV SINGH

2003 INSC 731Appeal(s) allowed

The State of Punjab appealed the acquittal of Ramdev Singh, who was convicted by a trial court for raping a minor girl. The FIR was lodged 17-18 days after the incident because the victim's father was seriously ill, and the medical report noted that the girl was habituated to sexual intercourse. The …

PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANR.versusUNION OF INDIA

2003 INSC 721Dismissed

The Supreme Court examined a batch of writ petitions challenging the constitutional validity of the Prevention of Terrorist Act, 2002 (POTA). The petitioners argued that Parliament lacked legislative competence and that several provisions violated fundamental rights, including the right to privacy, …

JAMES MARTINversusSTATE OF KERALA

2003 INSC 722Appeal(s) allowed

The case arose from a bandh in which activists forcibly entered the flour mill of James Martin and his father, demanding its closure. When the activists assaulted the mill employee and threatened further violence, the accused retrieved a firearm and fired, killing two activists and injuring others. …

GORLE S. NAIDUversusSTTE OF A.P. AND ORS.

2003 INSC 719Dismissed

The case involved 39 accused persons alleged to have assaulted and caused the deaths of two villagers in Patharlapalle. The trial court convicted some and acquitted others, while the Andhra Pradesh High Court acquitted all, finding the prosecution’s case riddled with inconsistencies, delayed FIR …

SUSHIL MURMUversusSTATE OF JHARKHAND

2003 INSC 708Dismissed

The appellant, Sushil Murmu, a tribal and illiterate man, sacrificed a nine‑year‑old child before Goddess Kali, severed the child's head and disposed of it in a pond. He was convicted under Sections 302 and 201 of the Indian Penal Code and sentenced to death for murder and seven years’ rigorous …

ARUN PASWAN, S.I.versusSTATE OF BIHAR AND ORS.

2003 INSC 710Dismissed

The District and Sessions Judge of Sasaram ordered a police officer, S.I. Arun Paswan, to produce a case diary, which he failed to do, leading to a show‑cause notice under Section 349 CrPC. While the judge was hearing another matter, a group of police officers in plain clothes and uniform shouted …

ASHFAQversusSTATE (GOVT. OF NCT OF DELHI)

2003 INSC 701Dismissed

Four accused entered the complainant's house, threatened the occupants with a pistol and knives, and stole cash, a gold chain and a Sten gun. The victims identified the accused in court, but no test identification parade was conducted. The trial court convicted them under Sections 452, 392 and 397 …

STATE OF H.P.versusM.P. GUPTA

2003 INSC 697Appeal(s) allowed

The State of Himachal Pradesh appealed against the Himachal Pradesh High Court’s order quashing charges against M.P. Gupta, a former Chief Conservator of Forests, on the ground that the prosecution lacked the sanction required under Section 197 of the Criminal Procedure Code. The accused had been …

PRAKASHversusSTATE OF HARYANA

2003 INSC 685Dismissed

The appellant, Prakash, was charged along with another accused for kidnapping and attempted rape of a 5½‑year‑old girl. The victim’s grandmother (PW‑5) witnessed the incident and testified that she heard the child’s cries and found the child naked in the accused’s house. The trial court convicted …

SURENDRA PASWANversusSTATE OF JHARKHAND

2003 INSC 680Dismissed

The appellant was convicted of murder under Sections 302 and 34 IPC for shooting the deceased, based primarily on the testimony of three eyewitnesses. The defence argued that the prosecution failed to explain the minor injuries on the accused, did not submit the recovered bullet for …

KANPUR DEVELOPMENT AUTHORITYversusSMT. SHEELA DEVI AND ORS. ETC

2003 INSC 682Dismissed

The Kanpur Development Authority (KDA) floated a housing scheme in 1978 for Middle Income Group (MIG) with an estimated cost of Rs. 48,000 per house, with a clause that escalation could not exceed 10%. The respondents applied within the deadline, but due to litigation initiated by some other …

RAM DULAR RAI AND ORS.versusSTATE OF BIHAR

2003 INSC 674Dismissed

The appellants, including Ram Dular Rai, were convicted for murder, attempted murder and related offences after a night‑time assault on a household in which they fired on the son and daughter of the informant. The trial court identified four of the accused but noted that several other armed persons …

STATE OF KARNATAKAversusPUTTARAJA

2003 INSC 675Appeal(s) allowed

The accused, Puttaraja, was convicted of raping a pregnant woman in the presence of her husband under Section 376 IPC. The trial court sentenced him to five years’ imprisonment and a fine, despite the statutory minimum of seven years. The Karnataka High Court reduced the sentence to the 46 days …

BIKAU PADEY AND ORSversusSTATE OF BIHAR

2003 INSC 671Dismissed

The appellants were convicted for the murder of Sarjug Rai under Section 302 read with Section 149 of the Indian Penal Code, alleging that they formed an unlawful assembly with a common object to kill the victim. The Supreme Court examined whether the prosecution had proved the essential ingredient …

SHRIRAMversusSTATE OF MADHYA PRADESH

2003 INSC 665Dismissed

The appellant Shriram and seven others were convicted for rioting and the murder of Hemraj, with the trial court finding them guilty under Sections 302 and 149 IPC. They claimed to have sustained injuries and pleaded right of private defence, arguing that the prosecution had failed to explain those …

R. SAI BHARATHIversusJ. JAYALALITHA AND ORS.

2003 INSC 668Dismissed

The State alleged that the Tamil Nadu Small Industries Corporation (TANSI) sold land at a price below market value to a firm in which the Chief Minister of Tamil Nadu and her associate were partners, thereby causing wrongful loss to the corporation and wrongful gain to the accused. The trial court …

GOURA VENKATA REDDYversusSTATE OF ANDHRA PRADESH

2003 INSC 651Case Partly allowed

The case arose from a politically motivated attack in which two persons were killed after the accused threw stones at them; each accused allegedly threw only one stone. The trial court convicted the principal accused under Section 302 read with Section 109 IPC and the others under Sections 302 and …

K. ANBAZHAGANversusTHE SUPERINTENDENT OF POLICE AND ORS. ETC.

2003 INSC 642Case Allowed

The petitioners, led by K. Anbazhagan, sought transfer of two corruption cases against J. Jayalalitha and others from the Special Court in Chennai to a court in Karnataka, alleging that the trial was being subverted by the recall of witnesses, the dispensing of personal appearance of the accused, …

BHARGAVAN AND ORS.versusSTATE OF KERALA

2003 INSC 635Dismissed

The deceased Chandran was brutally assaulted by six accused who were armed with deadly weapons and later died of his injuries. The prosecution relied on the nephew’s eye‑witness testimony, dying declarations made before three police officers, and medical evidence, leading to convictions under …

VIDYADHARANversusSTATE OF KERALA

2003 INSC 632Disposed off

The appellant VidyadHarAn was convicted under Sections 354 and 448 of the IPC and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act for allegedly outraging the modesty of a married woman. He challenged the conviction on the grounds of false implication, the …

STATE OF ANDHRA PRADESHversusV. VASUDEVA RAO

2003 INSC 630Appeal(s) allowed

The State of Andhra Pradesh prosecuted V. Vasudeva Rao, an Assistant Controller, for demanding a bribe to prevent his transfer and for accepting the money, which he claimed was a hand loan. A trap was arranged, the accused was caught with the money, and the complainant died before he could be …

CHAUDHARI RAMJI BHAI NARASANGBHAIversusSTATE OF GUJARAT AND ORS.

2003 INSC 620Dismissed

The appellant Chaudhary Ramji Narsang and two co‑accused were alleged to have assaulted the appellant's father and brothers in an agricultural field, resulting in the father's death. The trial court acquitted them, finding contradictions among witnesses and questioning the medical evidence. The …

GYASUDDIN KHAN @ MD. GYASUDDLN KHANversusTHE STATE OF BIHAR

2003 INSC 617Appeal(s) allowed

The appellant, a constable, killed three fellow police personnel with a sten‑gun after being reprimanded and having adverse entries made against him. He was convicted under Section 302 IPC and Section 27 of the Arms Act and sentenced to death. The Supreme Court upheld the conviction under Section …

SUCHAND PALversusPHANI PAL AND ANR.

2003 INSC 607Dismissed

The appellant, Suchand Pal, appealed against the Calcutta High Court's acquittal of the accused Phani Pal for murder and related offences. The trial court had convicted Phani Pal based on the prosecution's claim that a gun was fired from a short range and on a dying declaration of the deceased, …

L. CHANDRAIAHversusSTATE OF A.P. AND ANR.

2003 INSC 612Appeal(s) allowed

The case involved fraudulent withdrawals from recurring deposit accounts of Singareni Collieries workers at a Sub‑Post Office. A postal assistant (A‑3) fabricated vouchers with forged signatures and thumb impressions, and the Sub‑Post Masters (A‑1 and A‑2) signed the vouchers without verifying their …

BANTI @ GUDDUversusSTATE OF MADHYA PRADESH

2003 INSC 598Dismissed

Banti (Guddu) and Teekaram were convicted for the murder of Pravin Pathak under IPC s.302 r/w s.34. The prosecution relied on two eye‑witnesses, PW‑I (the deceased’s brother) and PW‑II (a friend), who identified the accused. The defence presented DW‑1, who initially corroborated the eye‑witnesses …

PREETAM SINGH AND ORS.versusSTATE OF RAJASTHAN

2003 INSC 600Disposed off

The Supreme Court examined a violent incident in which three accused, armed with deadly weapons, attacked the deceased Pyara Singh, causing his death and grievous injuries to three others. The accused claimed they acted in self‑defence and sought relief under Exception (4) to Section 300 IPC. The …

UNION OF INDIA AND ORS.versusJAIPAL SINGH

2003 INSC 592Appeal(s) allowed

The respondent, a government servant, was convicted under IPC sections 302 and 34 and dismissed from service. He was later acquitted on appeal, after which the High Court ordered his reinstatement with full back wages. The Union appealed, arguing that the department should not be liable for wages …

RAM UDGAR SINGHversusSTATE OF BJHAR

2003 INSC 593Dismissed

The appellant, Ram Udgar Singh, was convicted under Section 302 IPC and Sections 25A and 27 of the Arms Act for the murder of a political rival. The conviction was based on the testimony of four eyewitnesses, while eight co‑accused were acquitted on the same evidence. The appellant challenged the …

RAMANAND YADA VversusPRABHU NATH JHA AND ORS.

2003 INSC 589Appeal(s) allowed

The case concerns the murder of Thakkan Yadav on 16 June 1991, for which eight accused were convicted by a trial court under IPC sections 302 and 149, the Arms Act and the Explosive Substances Act. The Patna High Court acquitted all eight, relying on alleged procedural lapses such as the victim’s …

BABU LAL AND ORS.versusSTATE OF MADHYA PRADESH

2003 INSC 590Dismissed

The Supreme Court examined the appeal of seven accused whose convictions for offences under Sections 147, 148, 149 and 302 of the IPC were upheld by the Madhya Pradesh High Court. The Court clarified that a statement made by a deceased person before death can be treated as a dying declaration under …

RATANSINH DALSUKHHAI NAYAKversusSTATE OF GUJARAT

2003 INSC 573Dismissed

The appellant was convicted of murder under Section 302 IPC based primarily on the testimony of a ten‑year‑old child who witnessed the crime. The appellant challenged the conviction, arguing that a child’s evidence must be unblemished and corroborated, and that the child was likely tutored by a …

PREM SAGARversusDHARAMBIR AND ORS .

2003 INSC 574Case Partly allowed

The case involved three accused—Dharambir, Joginder and Karambir—who were convicted for the murders of Dalbir, Vijender and Smt. Kitabo under Sections 302, 34 and 120‑B of the IPC. The trial court sentenced Dharambir and Joginder to death and Karambir to life imprisonment; the High Court commuted …

STATE OF U.P.versusRAM BAHADUR SINGH AND ORS.

2003 INSC 580Dismissed

The case arose from a property dispute that culminated in a shooting on 6 December 1974, resulting in the death of Onkar Nath Singh. The trial court convicted four accused under IPC 302, with three also charged under section 34. On appeal, the Allahabad High Court acquitted the accused, finding …

STATE OF PUNJABversusJOGINDER SINGH AND ANR.

2003 INSC 582Disposed off

The State of Punjab appealed the High Court's acquittal of Joginder Singh and Nachhattar Singh for the death of Makhan Singh. The incident occurred on 20 April 1992 when Joginder Singh demanded Rs.100 from Makhan, who could not pay, and subsequently pressed his neck, causing death, as confirmed by a …

JAI KARAN AND ORS.versusSTATE OF U.P.

2003 INSC 571Dismissed

The appellants Jai Karan, Veer Bhadra and Babu were convicted for murder and related offences under Sections 148, 149, 302 and 323 of the IPC after a prosecution case that relied heavily on the testimony of an injured eyewitness, PW‑2, who was a relative of the deceased. The appellants challenged …

TULSHIDAS KANOLKARversusTHE STATE OF GOA

2003 INSC 567Dismissed

Tulshidas Kanolkar was convicted of rape and criminal intimidation of a mentally challenged girl who later gave birth to a stillborn child. The appellant argued that the delay in filing the FIR, the non‑examination of certain witnesses, and the victim’s alleged consent should exonerate him or reduce …

BHUPINDER SHARMAversusSTATE OF HIMACHAL PRADESH

2003 INSC 562Dismissed

The appellant Bhupinder Sharma was convicted of gang rape under Section 376 read with Section 34 of the IPC and of kidnapping under Section 342. The trial court sentenced him to four years' rigorous imprisonment for the rape, citing that he had not actually completed the act before the victim …

KAMALJIT SINGHversusSTATE OF PUNJAB

2003 INSC 552Dismissed

The appellant, Kamaljit Singh, was charged with the murder of Gurcharan Singh and Sucha Singh and with causing grievous hurt to Udain Gosha. The trial court acquitted him, citing a delay in filing the FIR, a minor discrepancy between medical and ocular evidence, and the alleged bias of the key …

CHANDER PAL @ RAJ PALversusSTATE OF HARYANA

2003 INSC 557Disposed off

On 11 July 1996, a group of about ten to twelve men attacked Mann Singh and Surinder Singh in Ballabhgarh, Haryana, and later assaulted Megh Shyam, who was shot by Surinder Singh and later died. The trial court convicted seven accused under section 302 read with section 149 IPC for murder, and the …

SIMON AND ORS.versusSTATE OF KARNATAKA

2003 INSC 558Appeal(s) allowed

The case involved a police convoy ambushed by Veerappan's gang, resulting in seven deaths. Seven accused were convicted by a Special Designated Court under the TADA Act, IPC and Arms Act, largely on the testimony of two eyewitnesses and several confessional statements. On appeal, the Supreme Court …

PARASA RAJU MANIKYALA RAO AND ANR.versusSTATE OF A.P.

2003 INSC 548Dismissed

The appellants, Parasa Raju Manikyala Rao and another, were convicted by the Andhra Pradesh High Court under Section 302 read with Section 34 of the Indian Penal Code for the murder of Parasa Satyanarayana. They appealed to the Supreme Court, contending that no common intention to commit murder …

SUNIL KUMARversusTHE STATE GOVT. OF NCT OF DELHI

2003 INSC 549Dismissed

The deceased Jai Kishan was attacked and killed by Dharamvir and Sunil Kumar after a dispute involving a local eunuch. Rajesh, the brother of the deceased, witnessed the assault and later identified the accused, becoming the sole eye‑witness (PW5) whose testimony formed the basis of the prosecution …

SOHAN LAL @ SOHAN SINGH AND ORS.versusSTATE OF PUNJAB

2003 INSC 543Dismissed

The case involved the death of Kamlesh Rani, a married woman who suffered extensive burns within seven years of marriage. The husband (Sohan Lal @ Sohan Singh) was charge‑sheeted only under Section 304B IPC (dowry death) while the mother‑in‑law and sister‑in‑law were charge‑sheeted under Section 302 …

RAJ KISHORE JHAversusSTATE OF BIHAR AND ORS.

2003 INSC 525Appeal(s) allowed

The case concerns the murder of Nawal Kishore Jha on 9 April 1980, for which fifteen persons were originally charged. The trial court convicted several of them under sections of the IPC and the Arms Act, but the Patna High Court later acquitted all the convicted persons. The informant appealed, …

STATE OF HARYANAversusJAGBIR SINGH AND ANR.

2003 INSC 517Dismissed

The State of Haryana alleged that Jagbir Singh and another accused kidnapped a four‑year‑old child, demanded ransom and caused the child's death. The trial court convicted them on the basis of circumstantial evidence – a ransom note allegedly in the accused's handwriting, an alleged extra‑judicial …

VIVEK GUPTAversusCENTRAL BUREAU OF INVESTIGATION AND ANR .

2003 INSC 512Dismissed

Vivek Gupta conspired with two State Bank of India officers to cheat the bank, causing substantial loss. All three were charged under Section 120B read with Section 420 of the IPC, while the two officers were additionally charged under the Prevention of Corruption Act, 1988 (PCA). The trial was …

DURGA PRASAD GUPTAversusTHE STATE OF RAJASTHAN THROUGH C.B.L.

2003 INSC 511Dismissed

The appellant, D.P. Gupta, was charged under Section 5 of the Explosive Substances Act and the TADA Act for possessing large quantities of gelatine, detonators and other explosive materials found in his godowns and an underground room. The key issue was whether he had "conscious possession"—i.e., …

RAMAKANT RAIversusMADAN RAI AND ORS.

2003 INSC 513Appeal(s) allowed

The case arose from a property dispute in which Madan Rai and his three sons fired gunshots, killing a teenage boy. The trial court convicted Madan Rai under IPC sections 302 and 440 and the others under section 440, but the Allahabad High Court acquitted all accused, setting aside the convictions. …

STATE OF U.P.versusBABU AND ORS.

2003 INSC 510Appeal(s) allowed

The State prosecuted four accused for a dacoity during which the deceased was murdered, alleging that the accused were identified at the scene by the victim (PW‑I) and other witnesses using torchlight and a gaslight. The trial court convicted them under Sections 302, 149, 148, 323 and 395 of the IPC …

STATE OF PUNJABversusPOHLA SINGH AND ANR.

2003 INSC 502Appeal(s) allowed

The State of Punjab appealed the acquittal of Pohla Singh and Balkaur Singh, who had been convicted by the trial court for murder under s.302 r/w s.34 IPC. The Punjab and Haryana High Court set aside the conviction, citing an alleged delay in lodging the FIR and questioning why the murder was …

M.NARAYANDASversusSTATE OF KARNATAKA AND ORS.

2003 INSC 499Appeal(s) allowed

M. Narayandas, the owner of a plot of land, filed a suit for permanent injunction after his sister's family attempted to transfer the land based on documents he alleged were forged. He lodged a criminal complaint alleging forgery, leading to an FIR under IPC sections 468, 470, 471 and 120B. The …

DAMODARversusSTATE OF RAJASTHAN

2003 INSC 493Appeal(s) allowed

The Supreme Court examined a murder case where the initial information about the offence came via a cryptic telephone call, followed by a written report by a child witness (PW‑15). It held that such telephonic information does not constitute a First Information Report and therefore the written …

ANWAR CHAND SAB NANADIKARversusSTATE OF KARNATAKA

2003 INSC 488Dismissed

The appellant, a property clerk in the court of a Judicial Magistrate, was charged under Section 409 of the IPC for criminal breach of trust, alleged to have misappropriated court property and sold it to four persons. The trial court acquitted him on the ground that the prosecution failed to prove …

STATE OF MADHYA PRADESHversusGHANSHYAM SINGH

2003 INSC 470Appeal(s) allowed

Six accused, including Ghanshyam Singh, assaulted a group of persons and Ghanshyam fired a gun, causing the death of Samam Singh. The trial court convicted all under sections 302, 307, 148, 149 etc. The Madhya Pradesh High Court held that Ghanshyam's act fell under Exception 4 to Section 300 IPC, …

LAXMAN SINGHversusPOONAM SINGH AND ORS.

2003 INSC 464Dismissed

A long-standing land dispute led to a violent confrontation on 10 June 1984 when the deceased Mohan Singh and his relatives were ploughing the contested field. The respondents, claiming ownership, assaulted them with sticks, causing Mohan Singh's death. The trial court held the land was in the …

HEMRAJ AND ANR.versusSTATE OF PUNJAB

2003 INSC 459Appeal(s) allowed

The appellants Hemraj, Gian Chand and Baldev Raj were acquitted by the trial court of murder (Sec. 302 IPC) read with Sec. 34 IPC, but the Punjab and Haryana High Court reversed the acquittal and convicted them. They appealed to the Supreme Court under Sec. 379 CrPC and Sec. 2(a) of the Supreme …

SMT. SHAKILA ABDUL GAFAR KHANversusVASANT RAGHUNATH DHOBLE AND ANR.

2003 INSC 457Dismissed

The petitioner's husband died after alleged police beating in custody; the petitioner filed a private complaint more than a year later alleging custodial violence by the accused police officer. The trial court convicted the accused, but the High Court acquitted him, finding the delay, lack of …

SURINDER SINGH AND ANR.versusSTATE OF U.P.

2003 INSC 455Dismissed

The appellants were convicted of murder under IPC s.302 read with s.34 for the killing of Hamam Singh. The trial court had acquitted them, relying on the alleged unreliability of witnesses who were relatives of the deceased, the absence of independent shop‑keeper witnesses, a site‑plan omission, and …

SOU. VIJAYA @ BABYversusSTATE OF MAHARASHTRA

2003 INSC 449Appeal(s) allowed

Vijaya and her brother were charged for the murder of the brother's wife, who was burnt to death. While the brother was convicted of murder under Section 302 IPC, Vijaya was acquitted of that charge but convicted under Section 201 IPC for allegedly causing disappearance of evidence and giving false …

VAJRAPU SAMBAYYA NAIDU AND ORS.versusSTATE OF A.P. AND ORS.

2003 INSC 444Appeal(s) allowed

The case involved a dispute over 2.5 acres of land where the accused, who had obtained a court order and actual delivery of possession, were in possession against the deceased who was cultivating the land. On 23 July 1992 the accused formed an assembly, armed with knives and sticks, and were …

KAILASH KUMAR SANWATIAversusSTATE OF BIHAR AND ANR.

2003 INSC 445Dismissed

The appellant deposited Rs 1,50,200 with a bank to obtain demand drafts, handing the cash to the Head Cashier and a cash peon for counting. The money later went missing from the bank's cash counter, and the officials were charged under Section 409 read with Section 34 of the IPC. The trial court …

SUKHDEV SINGHversusDELHI STATE (GOVT. OF NCT OF DELHI)

2003 INSC 440Case Partly allowed

Sukhdev Singh, a personal security officer, got into a quarrel with Devender Singh over a parked scooter. During the scuffle he drew his pistol and fired, killing Singh and injuring a passer‑by. He claimed the pistol was snatched and the discharge accidental. The trial court convicted him of murder …

MUNNAversusSTATE (N.C.T. OF DELHI)

2003 INSC 429Dismissed

The appellant Munna was convicted under the IPC, TADA and the Arms Act for participating in a robbery in which a lady’s gold bangles were taken. The prosecution’s case rested on the testimony of three eye‑witnesses who identified Munna for the first time in court, as no prior test identification …

STATE OF MAHARASHTRAversusKASHIRAO AND ORS.

2003 INSC 430Appeal(s) allowed

The State of Maharashtra prosecuted Kashirao and six others for assembling with deadly weapons and attacking Pundlik (PW‑I) with the common object of killing him. During the assault the deceased Subhash Warankar was chased, assaulted and killed, while PW‑I was seriously injured. The trial court …

KALIYAPERUMAL AND ANR.versusSTATE OF TAMIL NADU

2003 INSC 428Case Partly allowed

The appellants, Kaliyaperumal and Muthulakshmi, were convicted under Sections 304B (dowry death) and 498A (cruelty) of the IPC for the suicide of their daughter‑in‑law, Devasena, after alleged dowry demands and harassment. The trial court and High Court upheld both convictions, though the High Court …

AUGUSTINE SALDANHAversusSTATE OF KARNATAKA

2003 INSC 425Appeal(s) allowed

The case involved Augustine Saldanha and Rocky Saldanha, who were accused of assaulting Paul Saldanha (who died) and Felix Saldanha (who was injured) with sticks on a dark night. The trial court acquitted them, doubting the credibility of the victim‑witness, but the Karnataka High Court convicted …

STATE OF RAJASTHANversusKHERAJ RAM

2003 INSC 413Appeal(s) allowed

Kheraj Ram, suspecting his wife's infidelity, murdered his wife, two daughters and his brother‑in‑law on the night of 10‑10‑1992. The trial court convicted him under Section 302 IPC and imposed death, relying on a series of circumstantial facts – motive, prior quarrels, his presence with the …

NAZIR KHAN AND ORS.versusSTATE OF DELHI

2003 INSC 414Directions issued

The case involved nine accused who conspired to kidnap foreign nationals in India to demand the release of jailed militants. The main conspirator, Umar Sheikh, escaped after an exchange of hijacked‑plane passengers, while six co‑accused were convicted under the Terrorist and Disruptive Activities …

S.R. RAMARAJversusSPECIAL COURT, BOMBAY

2003 INSC 401Appeal(s) allowed

Standard Chartered Bank sued Canbank Mutual Fund (CMF) for a refund of securities transactions. CMF's written statement, verified by its employee S.R. RamaraJ, claimed the transactions were squared off, a position later contested by the Special Court which held RamaraJ in contempt for allegedly …

STATE OF PUNJABversusKARNAIL SINGH

2003 INSC 396Appeal(s) allowed

The State of Punjab appealed the Punjab and Haryana High Court’s acquittal of Karnail Singh, alleging that the trial court’s conviction was supported by credible eyewitness testimony and forensic evidence. The High Court had set aside the conviction on the basis of an alleged delay in lodging the …

STATE OF RAJASTHANversusRAJA RAM

2003 INSC 388Dismissed

The State of Rajasthan charged Rajaram under Section 302 IPC and Section 27 of the Arms Act for the murder of five persons. The trial court convicted him, relying mainly on extra‑judicial confessions to two witnesses (PW‑3 and PW‑4) and on circumstantial evidence such as his presence at the scene, …

STATE OF MADHYA PRADESHversusMAN SINGH AND ORS.

2003 INSC 389Appeal(s) allowed

The State of Madhya Pradesh prosecuted Man Singh and three others for the murder of Dharamchand under Section 302 read with Section 34 IPC, also charging them under Section 324 r/w 34. The trial court relied on the testimony of injured eyewitnesses (PW‑4 and PW‑7) whose statements were recorded …

BABU S/O RAVEENDRANversusBABU S/O BAHULEYAN AND ANR.

2003 INSC 382Appeal(s) allowed

The Supreme Court examined the murder of Sujatha, whose husband Babu was accused of strangling her after she rebuffed his sexual advances and subsequently dumping her body in a well. The trial court convicted Babu under Section 302 IPC and imposed death, but the Kerala High Court acquitted him, …

THE GOVERNMENT OF NCT OF DELHIversusJASPAL SINGH

2003 INSC 377Appeal(s) allowed

The Government of NCT of Delhi appealed the Delhi High Court’s acquittal of Jaspal Singh (A4) for offences under the Official Secrets Act, 1923 and Section 120B IPC. The Supreme Court held that the High Court had misapplied the law, especially the evidentiary value of a co‑accused’s confession and …

SURINDER SINGHversusTHE STATE OF PUNJAB

2003 INSC 379Appeal(s) allowed

The case concerned the murder of Santokh Singh, in which five accused, including the appellant Surinder Singh, were tried. The main accused, Darshan Singh, was a proclaimed offender and was tried separately, later being acquitted. The trial court had convicted Surinder Singh and another accused …

AMIT @ AMMUversusSTATE OF MAHARASHTRA

2003 INSC 373Appeal(s) allowed

The appellant, a 20‑year‑old male, was accused of raping and murdering an 11‑12‑year‑old girl who was last seen with him on 28 March 2001. The girl's body was discovered the next day in a dilapidated building, and the post‑mortem report confirmed strangulation and sexual assault. The prosecution …

STATE (GOVT. OF NCT OF DELHI)versusPREM RAJ

2003 INSC 367Appeal(s) allowed

Prem Raj was convicted under the Prevention of Corruption Act, 1988 and sentenced to two years of rigorous imprisonment with a fine of Rs.500, and an additional three years of rigorous imprisonment with a fine of Rs.1,000, to run concurrently. He appealed to the Delhi High Court seeking a reduction …

GURDEV SINGH AND ANR.versusSTATE OF PUNJAB

2003 INSC 362Dismissed

Gurdev Singh and Satnam Singh were part of a five‑person gang that opened fire on a wedding feast and later on another house, killing 15 people and injuring eight. They were tried separately after absconding, convicted under IPC s.302 r/w s.149 and sentenced to death, a judgment affirmed by the High …

GOLAKONDA VENKATESWARA RAOversusSTATE OF ANDHRA PRADESH

2003 INSC 363Dismissed

The appellant, G. V. Rao, was convicted of murder under Section 302 IPC based solely on circumstantial evidence, including the identification of the deceased’s skeletal remains, a witness who last saw the victim with the accused, the accused’s extra‑judicial confession, and the recovery of clothing …

STATE OF RAJASTHANversusBHAWANI AND ANR.

2003 INSC 355Appeal(s) allowed

The State of Rajasthan prosecuted Bhawani, Hari Singh and others for murder, grievous hurt and unlawful assembly after they allegedly fired firearms into a village Nohara, killing two persons and injuring several others. The trial court convicted the accused based on the testimony of eleven …

SANABOINA SATYANARAYANAversusGOVERNMENT OF ANDHRA PRADESH AND ORS.

2003 INSC 341Dismissed

Sanaboina Satyanarayana, convicted of murder (Sec. 302 IPC), dowry harassment (Sec. 498A IPC) and tampering with evidence (Sec. 201 IPC), sought remission of his life sentence under a Government Order dated 25‑01‑2000 issued under Article 161 of the Constitution. The Order excluded "prisoners …

KRISHNAN AND ANR.versusSTATE REP. BY INSPECTOR OF POLICE

2003 INSC 335Dismissed

The Supreme Court dismissed the appeals of Krishnan and others, upholding their conviction for murder under Section 302 read with Section 34 of the IPC and for voluntarily causing hurt under Section 323. The Court held that the FIR was lodged immediately after the incident, negating any possibility …

HIRA LAL AND ORS.versusSTATE (GOVT. OF NCT) DELHI.

2003 INSC 331Disposed off

The appellants, the husband and his parents, were convicted for the suicide of their wife, who allegedly suffered dowry‑related cruelty. The trial court sentenced them under Sections 304‑B (dowry death) and 498‑A (cruelty) of the IPC, and the High Court reduced the sentence but upheld the …

P.V. RADHAKRLSHNAversusSTATE OF KARNATAKA

2003 INSC 332Dismissed

The appellant, P.V. Radhakrishna, was convicted of murdering his wife by setting her on fire after a domestic quarrel. The deceased, Smt. Dharni, suffered extensive second and third degree burns and, while being treated in hospital, gave a statement in the presence of a police officer and a doctor, …

DHIRAJBHAI GORAKHBHAI NAYAKversusSTATE OF GUJARAT

2003 INSC 333Dismissed

Hasmukhbhai Patel was fatally injured on 12 August 1993 after a quarrel with Dhirajbhai Gorakhbhai Nayak, who was alleged to have assaulted him while he slept. The deceased's wife (PW I) and son (PW 3) testified that they saw the accused delivering blows, while a friend (PW 2) gave a contradictory …

PAWAN KUMARversusSTATE OF HARYANA

2003 INSC 329Appeal(s) allowed

Pawan Kumar and Balwinder Singh (Binder) were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of a taxi driver whose body was found in a hotel room. The prosecution relied solely on circumstantial evidence that the accused hired the taxi, stayed in the hotel …

CHITTAR LALversusSTATE OF RAJASTHAN

2003 INSC 325Dismissed

The appellant Chittar Lal was convicted of murder under Section 302 IPC for killing Lattor Lal. The sole surviving eyewitness, PW3, was not named in the FIR, and two other eyewitnesses turned hostile during trial. The appellant argued that conviction could not rest on a single witness whose name was …

SHIVRAJ BAPURAY JADHAV AND ORS.versusSTATE OF KARNATAKA

2003 INSC 314Dismissed

The victim, Krishna Jadhav, was allegedly assaulted by several accused with sticks, an axe and an iron pipe and died at the scene. The trial court acquitted the accused, finding discrepancies in the eye‑witness testimonies and questioning the investigation. The Karnataka High Court re‑examined the …

MALKHAN SINGH AND ORS.versusSTATE OF MADHYA PRADESH

2003 INSC 308Dismissed

The appellants were convicted of gang rape and criminal intimidation of a tribal school teacher under IPC sections 376(2)(G) and 506 and the SC/ST (Prevention of Atrocities) Act. The prosecution’s case rested on the victim’s identification of the three accused in court, despite no test …

UNION OF INDIAversusPRAKASH P. HINDUJA AND ANR.

2003 INSC 302Appeal(s) allowed

The case arose from the Bofors scandal where the CBI filed charge‑sheets against Prakash P. Hinduja and others for offences under the IPC and the Prevention of Corruption Act. The accused contended that the charge‑sheets were illegal because the CBI had not placed the investigation report before the …

THAMAN KUMARversusSTATE OF UNION TERRITORY OF CHANDIGARH

2003 INSC 279Dismissed

The case involved three accused who were alleged to have strangled a rickshaw puller, Bhanwar Singh, using a cloth rolled into a rope. Two constables on night patrol heard the victim’s cries, entered the guest house and saw the assault, catching two of the accused while the third escaped by scaling …

HIRA LAL HARI LAL BHAGWATI.versusC.B.I., NEW DELHI

2003 INSC 275Appeal(s) allowed

The Gujarat Cancer Society imported MRI and lithotripsy machines under a customs duty exemption certificate that required the equipment to be used by the "actual user". The Customs Collector later held the society liable for duty but, considering its charitable purpose, imposed only a token fine and …

ARVIND YADAVversusRAMESH KUMAR AND ORS.

2003 INSC 260Appeal(s) allowed

Arvind Yadav, brother of a murder victim, challenged a Madhya Pradesh High Court order that released several convicted murderers, including Ramesh Kumar, on licence despite the Probation Board’s refusal to recommend release. The High Court had bypassed a remand to the State Government, reasoning …

STATE OF RAJASTHANversusNATHU AND ORS.

2003 INSC 261Appeal(s) allowed

The State of Rajasthan appealed the acquittal of four accused who were part of an unlawful assembly that entered the victim's house, broke the wall and murdered two children. The High Court had held that only the accused who delivered the fatal blow could be convicted under Section 302 read with …

VISVESWARANversusSTATE REP. BY S.D.M.

2003 INSC 262Dismissed

The appellant, a police constable, was convicted under IPC sections 346, 366 and 376 for raping a young woman after abducting her and her husband. The appellant appealed, arguing that he was not positively identified by the victim or witnesses and that the failure to hold a test identification …

NARENDERA NATH KHAWAREversusPARASNATH KHAWARE AND ORS.

2003 INSC 240Disposed off

The complainant, Narendra Nath Khaware, filed a Special Leave Petition under Article 136 of the Constitution challenging the High Court's dismissal of the State's appeal against the acquittal of seven accused in the murder of his son, Diwakar Khaware. The Supreme Court held that a private person may …

BIPIN CHANDRA PARSHOTTAMDAS PATEL (VAKIL)versusSTATE OF GUJARAT AND ORS.

2003 INSC 229Dismissed

B.P. Patel, elected President of Anand Municipality, was arrested and placed in judicial custody for alleged offences under the IPC, Arms Act and Bombay Police Act. The Director of Municipalities suspended him under Section 40 of the Gujarat Municipalities Act, 1963, which provides for suspension if …

JARNAIL SINGH AND ANR.versusSTATE OF HARYANA AND ANR.

2003 INSC 222Dismissed

The petitioners were already accused in a police case relating to a shooting incident, but were later summoned under Section 319 of the CrPC in a separate complaint case concerning the same occurrence. They challenged the summons, arguing that Section 319 could not be invoked against a person …

SALIM AKHTAR @ MOTAversusSTATE OF UTTAR PRADESH

2003 INSC 223Appeal(s) allowed

The appellant, Salim Akhtar (Mota), was convicted under the Terrorist and Disruptive Activities Prevention Act (TADA) for allegedly possessing a pistol, cartridges, a bomb and RDX that were recovered after he led police to a polythene bag in an open area. The pistol was not sealed at the time of …

THE STATE OF MAHARASHTRAversusDR. PRAFUL B. DESAI AND ANR.

2003 INSC 202Disposed off

The State of Maharashtra filed a criminal complaint under IPC sections 338, 109 and 114 alleging medical negligence by Dr. Praful B. Desai and Dr. A.K. Mukherjee, leading to the death of the complainant's wife. The trial court permitted the testimony of a US doctor, Dr. Greenberg, via …

B.S. JOSHI AND ORS.versusSTATE OF HARYANA AND ANR.

2003 INSC 179Appeal(s) allowed

The husband and his relatives filed a petition to quash an FIR registered by the wife under Sections 498A, 323 and 406 IPC after the parties had settled their matrimonial dispute and were proceeding towards divorce. The Punjab and Haryana High Court dismissed the petition, holding that the offences …

DY. CHIEF CONTROLLER OF IMPORTS AND EXPORTSversusROSHANLAL AGARWAL AND ORS.

2003 INSC 146Disposed off

The Deputy Chief Controller of Imports and Exports filed complaints against Roshanlal Agarwal and others under several IPC sections and Section 5 of the Imports and Exports (Control) Act, 1947. The complaints were tried before a Special Court (Economic Offences) constituted by a Karnataka …

K. SHAMRAO AND ORS.versusASSISTANT CHARITY COMMISSIONER

2003 INSC 136Dismissed

The appellants, editors of a newspaper, were prosecuted for contempt after publishing material alleged to scandalise the administration of justice. The contempt petition was filed by the Assistant Charity Commissioner, who was a serving civil judge appointed under Section 5 of the Bombay Public …

STATE OF KARNATAKAversusM.V. MAHESH

2003 INSC 139Dismissed

The State of Karnataka appealed against the High Court's order setting aside the conviction of M.V. Mahesh and his father for the murder of Mahesh's wife, Beena. The trial court had relied on the recovery of Beena's bones, DNA identification, and the fact that she was last seen with the accused, …

STATE OF HARYANAversusBALWANT SINGH

2003 INSC 140Appeal(s) allowed

Balwant Singh, a driver for Haryana Roadways, caused a fatal bus accident. Following a claim award of Rs.1,12,950 against the department, he was punished under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 with a four‑year pay reduction. He was later convicted in a …

STATE OF U.P.versusPREMI AND ORS.

2003 INSC 113Appeal(s) allowed

The State of U.P. alleged that the accused entered the house of Raghubir (PW3) at midnight, assaulted him with the butt of a pistol and, when his wife intervened, also struck her, leading to her death the next day. The trial court convicted the accused under Sections 302 r/w 34, 307 r/w 34 and 452 …

UDAYversusSTATE OF KARNATAKA

2003 INSC 109Appeal(s) allowed

The appellant, a 20‑year‑old man, was convicted of rape under Section 376 IPC for having sexual intercourse with a 19‑year‑old college student who alleged that she consented only because he promised to marry her. The trial court and the Karnataka High Court held that the promise constituted fraud …

GHAPOO YADAV AND ORS.versusSTATE OF M.P.

2003 INSC 97Appeal(s) allowed

The case arose from a land dispute in which the deceased and his relatives clashed with Gapoo Yadav and his sons over a tree. During a sudden quarrel the accused assaulted the deceased, causing several injuries, one of which was grievous and led to his death. The trial court convicted the accused …