Indian Court Judgments — 2018

Criminal SC Reportable ✓ HN

Reena Hazarika vs State of Assam

S.C.R. 1108 REENA HAZARIKA v. STATE OF ASSAM (Criminal Appeal No. 1330 of 2018) OCTOBER 31, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Eviden…

31 October 2018 · Allowed · R.F. Nariman, Navin Sinha

Criminal SC Reportable ✓ HN

Ambadas Laxman Shinde and Ors. vs The State of Maharashtra

S.C.R. 1188 AMBADAS LAXMAN SHINDE AND ORS. v. THE STATE OF MAHARASHTRA (Review Petition (Crl.) Nos. 18-19 of 2011) In (Criminal Appeal Nos.…

31 October 2018 · Allowed · Kurian Joseph, D.Y. Chandrachud, A.M. Khanwilkar

Criminal SC Reportable ✓ HN

State of Kerala vs Rasheed

Code of Criminal Procedure, 1973 – s.231(2) – Application by accused seeking adjournment under – Prosecution alleged that accused persons ha…

30 October 2018 · Allowed · Abhay Manohar Sapre, Indu Malhotra

Criminal SC Reportable ✓ HN

State of Mizoram vs Dr. C. Sangnghina

Constitution of India – Art.20(2) – Principle of double jeopardy – When not applicable – Case registered against the respondent-accused u/s.…

30 October 2018 · Allowed · R. Banumathi, Indira Banerjee

Criminal SC Reportable ✓ HN

State (Govt. of NCT of Delhi) vs Pankaj Chaudhary and Ors.

Penal Code, 1860 – s.376(2)(g) – Case of the prosecution that accused-respondents, living in the neighbourhood of the prosecutrix entered he…

30 October 2018 · Disposed · R. Banumathi, Indira Banerjee

Criminal SC Reportable ✓ HN

Ramvir vs State of Uttar Pradesh

Penal Code, 1860 – ss.148, 149 and 302 – Case of the prosecution that the appellant along with five other persons armed with guns surrounded…

26 October 2018 · Allowed · Abhay Manohar Sapre, Indu Malhotra

Criminal SC Reportable ✓ HN

Jitendra @ Kalla vs State of Govt. of NCT of Delhi

Sentence/Sentencing: Trial of the appellant-accused for offence under two FIRs – Trial court convicted the accused – In both the cases sente…

25 October 2018 · Disposed · A.K. Sikri, Ashok Bhushan

Criminal SC Reportable ✓ HN

Asar Mohammad and Ors. vs The State of U.P.

Penal Code, 1860: ss. 302 and 201 – Murder – Circumstantial evidence – Prosecution of three accused – Confessional statement of one accused…

24 October 2018 · Disposed · A.M. Khanwilkar, L. Nageswara Rao

Criminal SC Reportable ✓ HN

Kamala and Others vs M.R. Mohan Kumar

Code of Criminal Procedure, 1973 – s.125 – Maintenance under, claimed by wife – Standard of proof required to prove marriage – Marriage betw…

24 October 2018 · Allowed · R. Banumathi, Indira Banerjee

Criminal SC Reportable ✓ HN

The State of Madhya Pradesh vs Rajaram @ Raja

Appeal: Appeal against acquittal – Scope of interference – Prosecution case was that the respondent committed rape on the victim-deceased du…

24 October 2018 · Dismissed · N.V. Ramana, Mohan M. Shantanagoudar

Criminal SC Reportable ✓ HN

Bhagirath vs The State of Madhya Pradesh

Penal Code, 1860 – Exception 4 to s.300 – Death caused in sudden fight without premeditation – Prosecution case was that victim was surround…

23 October 2018 · Allowed · R. Banumathi, Indira Banerjee

Criminal SC Reportable ✓ HN

Mallikarjun Kodagali (Dead) Represented through Legal Representatives vs The State of Karnataka & Ors.

Code of Criminal Procedure, 1973: s. 372 proviso (introduced w.e.f. 31.12.2009) – Right of appeal against acquittal to the victim of an offe…

12 October 2018 · Allowed · Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta

Criminal SC Reportable ✓ HN

Uppala Bixam @ Bixmaiah vs The State of Andhra Pradesh

Penal Code, 1860: ss. 302 and 201 – Murder – Prosecution case that a shepherd took his sheeps for grazing and did not return home – On basis…

11 October 2018 · Allowed · R. Banumathi, Indira Banerjee

Criminal SC Reportable ✓ HN

Bilal Hajar @ Abdul Hameed vs State Rep. by the Inspector of Police

Penal Code, 1860 – s. 120-B – Conviction under – Prosecution case was that the nine accused (A-1 to A-9) hatched a criminal conspiracy in th…

10 October 2018 · Dismissed · Abhay Manohar Sapre, Indu Malhotra

Criminal SC Reportable ✓ HN

Pradeep Bisoi @ Ranjit Bisoi vs The State of Odisha

Code of Criminal Procedure, 1973 – s.161 – Statement of injured under, if can be treated as dying declaration after death – Brother of PW-1,…

10 October 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Criminal SC Reportable ✓ HN

Dashrath Singh Chauhan vs Central Bureau of Investigation

Prevention of Corruption Act, 1988 – ss.7 and 13(2) r/w 13(1) (d) – Conviction under – When not proper – Complainant (PW-1) lodged FIR again…

9 October 2018 · Allowed · Abhay Manohar Sapre, Indu Malhotra

Criminal SC Reportable ✓ HN

Ram Lal vs State of Himachal Pradesh

Evidence – Extra-judicial confession – Evidentiary value of – Appellant-peon with the Bank was assigned the job of Cash Clerk – His job was…

3 October 2018 · Partly allowed · R. Banumathi, Indira Banerjee

Criminal SC Reportable ✓ HN

Romila Thapar and Ors. vs Union of India and Ors.

Constitution of India – Art.32 – Writ petition filed by five persons, as next best friend of five activists-accused who were arrested purpor…

28 September 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar