MISCELLANEOUS

Facts: The original writ petitioners before the High Court have preferred the present appeal against impugned judgment and order passed by the High Court by which, the High Court has dismissed the said criminal petition and has refused to quash the FIR/criminal proceedings against petitioners.

Held: There is no allegation at all against accused - Rekha Jain of any inducement by her to deceive and to deliver the gold Jewellery. The allegations of dishonest inducement and cheating are against her husband - accused - Kamalesh Mulchand Jain. Therefore, considering the allegations in the FIR/complaint as they are, and in the absence of any allegation of dishonest inducement by Rekha Jain, it cannot be said that she has committed any offence under Section 420 of IPC for which she is now charge sheeted. Therefore, the High Court has committed a grave error in not quashing the criminal proceedings against Rekha Jain for the offence under Section 420 of IPC. This is a fit case where the High Court could have exercised its powers under Section 482 of CrPC and to quash the criminal proceedings against Rekha Jain for the offence under Section 420 of IPC. The criminal proceedings against the appellant - accused - Rekha Jain for the offence under Section 420 of IPC is hereby quashed. Appeal allowed in part.

Facts: Deceased, who was married to Accused-Appellant, died due to burn injuries. It was submitted by the prosecution that the deceased committed suicide by setting herself ablaze just after one year of her marriage and that soon before her death she was subjected to cruelty and harassment on account of bringing less dowry by both the Accused. Appellants were convicted for dowry death under IPC, 1860. The conviction was upheld by the High Court, hence, the present appeal by Appellants herein.

Held: In light of the fact that there was insufficient evidence to prove the factum of suicide beyond reasonable doubt and the essential ingredient of deceased committing suicide has not been proved by the prosecution by adducing sufficient evidence, it can be said that the prosecution failed to establish that the death occurred due to suicide. High Court and Trial Court have not committed any error in convicting the Appellants under Section 304-B, Indian Penal Code as the Appellants failed to discharge the burden under Section 113-B, Evidence Act. Appeal is allowed on account of charge under section 306.

Facts: A quarrel took place between Appellant 1 and the deceased. Appellants allegedly doused the deceased in kerosene and set her on fire. Arrest was made. Appellants pleaded not guilty and claimed trial. Son of the deceased, put forward an alternative chain of events wherein he claimed that the deceased committed suicide because she couldn't bear the fact that her son was arrested and sent to jail for beating husband of the 1st Appellant. Since it was not in dispute that deceased died due to burn injuries, the crucial question before the trial Court was whether the death was suicidal or homicidal. Considering the mitigating circumstances such as testimonies of the hostile witnesses, nature of burn injuries of the victim, and the lack of any corroborative evidence, trial Court acquitted the Appellants. High Court in appeal reversed the findings and held that the evidence consisting of dying declaration was clinching and sufficient to bring the guilt home. Hence, the present appeal.

Held: The decision of the Trial Court was upheld in light of the fact that the judge extensively examined the entire evidence and after reaching to the conclusion that all the witnesses of the motive or the occurrence have resiled and declared hostile, he was left with the residuary question to decide as to whether the death was suicidal or homicidal. He, thereafter, considered the dying declaration threadbare and critically analysed the statements of the police officer and the doctor. The factors like (i) interpolation in the dying declaration (ii) contradiction in the statements of witnesses regarding injuries on the palm, (iii) the victim with 80% injuries apparently not in a situation to talk or give statement, (iv) PW-2, son of the deceased himself stating that his mother committed suicide as she could not bear that her another son had been sent to jail, (v) there being no corroborative evidence to the statement and (vi) no other evidence led by the prosecution to connect the Appellants with the crime except the statement, he held it unsafe to convict the Appellants on the solitary basis of the dying declaration. Appeal Allowed.

Facts: On 19th August 1991, some posters were found pasted on the walls of public streets in the city of Coimbatore. These posters contained threats that seven persons belonging to a particular community would be killed. One person, out of the seven named person, was "Siva Kumar @ Siva". Siva on coming to know of his name being published in the poster scolded in filthy language the members of a particular community in a public meeting, as according to him, the members of that community had pasted such posters wherein he and six others named therein were given threat of murder. On 01.09.1991 between 2.30 p.m. to 3.30 p.m., all the nine Accused (A-1 to A-9) assembled in the house of the Appellant (A-6) and they hatched a criminal conspiracy to murder Siva. In furtherance of the criminal conspiracy, on 05.09.1991, around 7.45 a.m. Accused (A-1 to A-5) along with one absconded Accused armed with deadly weapons assembled at Kovai Mill Road, Coimbatore and Accused (A-1 and A-3) attacked Siva with knife, who was passing through the road. Accused (A-1) also stabbed one Constable Chinnathambi (PW-1) with knife, who had come to the spot. Injured Siva was taken to the nearest hospital where he succumbed to injuries and was declared dead. This incident led to arrests of nine accused. The accused and other persons were put to trial for commission of offences of murder and criminal conspiracy under Section 302 and 120(B)(1) of Code. The Accused Nos. 1 to 9 was convicted by Trial Court under Section 120(B)(1) of Code and Accused Nos. 1 to 4 was convicted for offence of murder under Section 302 of Code. On appeal before the High Court, the High Court dismissed appeals of accused filed against judgment of conviction.

Held: In order to constitute a conspiracy, meeting of mind of two or more persons to do an illegal act or an act by illegal means is a must. In other words, it is sine qua non for invoking the plea of conspiracy against the accused. However, it is not necessary that all the conspirators must know each and every detail of the conspiracy, which is being hatched and nor it is necessary to prove their active part/role in such meeting. The test laid down by this Court as to how a case under Section 120-A of Code read with Section 120-B of Code was required to be made out by the prosecution with the aid of evidence is found proved by the prosecution beyond reasonable doubt in this case. The complicity of the Appellant in conceiving a plan to kill Siva was therefore duly proved with the evidence adduced by the prosecution. Indeed, it was the Appellant who took the lead to kill deceased and with that end in view first he held a meeting in his house with all the other Accused and pursuant thereto got it accomplished through Accused (A-1 to A-5) on when Accused (A-1 & A-3) caused fatal stab injury with knife to deceased resulting in his homicidal death. Prosecution was able to prove beyond all reasonable doubt with the aid of evidence that the Appellant (A-6) was one of the active members of the criminal conspiracy along with other Accused and hatched the plan in his house in the meeting which was held to kill deceased and in furtherance thereof Accused (A-1 to A-5) successfully killed deceased by causing deceased stab injuries with the aid of knife resulting in his homicidal death. The Appellant's conviction and award of life sentence as prescribed under Section 302 read with Section 120-B, Indian Penal Code was, therefore, rightly held made out along with other Accused persons by the two courts below.

Facts: The petitioner is the mother of one Abinash Das, child of 3 1/2 years old who expired during treatment in S.V.P. Post Graduate Institute of Paediatrics, Cuttack on 5.10.2002. On the allegation made by the father of the child, an enquiry was conducted regarding negligence of doctor and the enquiry report was submitted to the Director, Medical Education and Training on 18.10.2002. On 28.10.2002, the mother of the deceased sat on hunger-strike in front of the Outdoor, threatening to die, demanding appropriate action. Basing upon the F.I.R. submitted by Superintendent of SVP PG Institute of Paediatrics, after investigation, the police report was submitted and cognizance was taken.

Held: I am of the considered view that the mother whose child died during treatment and allegation of negligence in treatment by the doctor was entertained, for enquiry, she could be said under severe stress. Her action cannot be said mala fide. Due to strike, she could not decide the consequence of demand for action and to go for hunger-strike. For want of criminal intent, the offence as alleged cannot be said to have been made out against the petitioner mother and continuance of the proceeding against her is an abuse of process of the court.

Facts: Contents of the complaint, verification, etc would show that complainant was harping upon the contract that had taken place between the Company and accused. The correspondence that was exchanged ought to have been considered. It has been alleged that the accused was not providing work as per the terms of contract. Some amount was paid by accused to the complainant, so also some material was also provided. If there would have been intention to cheat since inception, then these things would not have taken place. Complainant says that amount of Rs. 10,00,430/- is due and payable from accused; but accused avoided on one or the other pretext. It was submitted that the accused had no intention to make payments since beginning. On the say of accused, the complainant had shifted its material to Parali, Ambajogai and Osmanabad. On the basis of representations made by the accused, work was done and even the labours were employed. Huge amount was due and payable by the accused to the complainant. Every time when the demand of the amount was made, it was avoided by accused on one or the other pretext. This amounts to cheating and criminal breach of trust. Though there was a contract between complainant and accused, accused had no intention to act as per the same. The said action has given rise to civil as well as criminal remedy. It can be seen from the contents of complaint that the complainant intended to rely on the terms of contract entered into between it and accused.

Held: The contents of the complaint in this case do not show any entrustment by the complainant to the accused. It is tried to be contended that the cheque which was given by the complainant as security has not been returned by the accused. However, there is no averment in the complaint that the said cheque has been converted by accused to his use or it has been used by accused with dishonest intention or it has been disposed of in violation of any direction of law prescribing the mode in which such trust is to be discharged. Further as regards ingredients of Section 415 of Indian Penal Code as concerned it should show-"(i) Deception of any persons; ii) Fraudulently or dishonestly inducing any person to deliver any property; or (iii) To consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit." Contents of the complaint, verification and documents in this case do not show what were those representations or dishonest inducement which were false or misleading. The details of the same have not been given. It appears that the alleged act was going on for months together. Then the question arises as to why complainant had not refused to do any further work. As aforesaid, even that work has been done for which there was no work order. That means in spite of knowledge the work has been done. This does not amount to fraudulent inducement.

Facts: Contents of the complaint, verification, etc would show that complainant was harping upon the contract that had taken place between the Company and accused. The correspondence that was exchanged ought to have been considered. It has been alleged that the accused was not providing work as per the terms of contract. Some amount was paid by accused to the complainant, so also some material was also provided. If there would have been intention to cheat since inception, then these things would not have taken place. Complainant says that amount of Rs. 10,00,430/- is due and payable from accused; but accused avoided on one or the other pretext. It was submitted that the accused had no intention to make payments since beginning. On the say of accused, the complainant had shifted its material to Parali, Ambajogai and Osmanabad. On the basis of representations made by the accused, work was done and even the labours were employed. Huge amount was due and payable by the accused to the complainant. Every time when the demand of the amount was made, it was avoided by accused on one or the other pretext. This amounts to cheating and criminal breach of trust. Though there was a contract between complainant and accused, accused had no intention to act as per the same. The said action has given rise to civil as well as criminal remedy. It can be seen from the contents of complaint that the complainant intended to rely on the terms of contract entered into between it and accused.

Held: The contents of the complaint in this case do not show any entrustment by the complainant to the accused. It is tried to be contended that the cheque which was given by the complainant as security has not been returned by the accused. However, there is no averment in the complaint that the said cheque has been converted by accused to his use or it has been used by accused with dishonest intention or it has been disposed of in violation of any direction of law prescribing the mode in which such trust is to be discharged. Further as regards ingredients of Section 415 of Indian Penal Code as concerned it should show-"(i) Deception of any persons; ii) Fraudulently or dishonestly inducing any person to deliver any property; or (iii) To consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit." Contents of the complaint, verification and documents in this case do not show what were those representations or dishonest inducement which were false or misleading. The details of the same have not been given. It appears that the alleged act was going on for months together. Then the question arises as to why complainant had not refused to do any further work. As aforesaid, even that work has been done for which there was no work order. That means in spite of knowledge the work has been done. This does not amount to fraudulent inducement.

Facts: The appellant was husband of deceased Nanda. He was cohabiting with her at his house at village Wadgaon, Amravati. During the wedlock, they had two sons and at the time of incident, sons Sojwal and Chetan were aged about 9 years and 5 years respectively. It is alleged that on 19.3.2014, deceased Nanda, appellant and their children were present in their house when the incident occurred. The incident took place at about 12.30 noon of that day. There was some quarrel between the deceased and the appellant which enraged the appellant so much so that he picked up a can containing kerosene oil, opened it, poured some of the kerosene on the person of deceased and set her ablaze by means of a lit match-stick. the appellant did not do anything to extinguish the fire of the deceased and it were the neighbours who rushed to the house of accused after they heard the shouts of the deceased seeking some help to relieve herself of the agony of the flames. The neighbours put out the fire of the deceased and rushed her to the hospital which was Rural Hospital, Dhamangaon Railway, it being a nearby hospital. The deceased had sustained extensive burns to the extent of 92% and she was required to be shifted to the Government Hospital, Yavatmal. Deceased Nanda was administered treatment for her burn injuries. On the next day, a dying declaration of the deceased was recorded by a police officer which blamed the appellant. She succumbed to her injuries on 22.3.2014. A post-mortem report was obtained. It disclosed the cause of death as septicemic shock due to burns. On merits of the case, the learned Additional Sessions Judge found the appellant as not guilty for an offence of cruelty punishable under Section 498A of the Indian Penal Code, but found him guilty for the offence of murder punishable under Section 302 of the Indian Penal Code and thus convicted him to suffer imprisonment for life and also to pay a fine of Rs. 2000/- and in default, to suffer simple imprisonment for six months, by the impugned judgment and order. Hence the present appeal.

Held: The aspect of nature of death of deceased Nanda is still a mystery because the appellant kept complete silence on the nature of death of his wife. To worsen the things, the neighbours who had extinguished the fire of the deceased and had taken her to the hospital, as per the original prosecution story, were not examined. We think, postmortem report is the only evidence which helps in this regard and when it is considered, along with other relevant circumstances, we should be able to unravel the mystery behind nature of death of Nanda. Of course, dying declaration is also there but, we have our own doubt about the creditworthiness of the dying declaration and, therefore, at this moment, we would keep it aside and only consider the post-mortem report and the other relevant circumstances of the case. The cause of death as disclosed in the post-mortem report is septicemic shock due to burns. Sustaining of such extensive burn injuries suggests that the cause for the same could hardly be accidental and mostly could be suicidal or be some deliberate act on the part of somebody. There is also no evidence whatsoever regarding deceased Nanda being ill-treated, tortured and harassed by the appellant. There is no evidence that deceased Nanda was suffering from any depression or any terminal disease or was going through any phase of extreme frustration. All these factors would rule out the possibility of suicidal death of Nanda. Then what remains is only the homicidal nature of death. The doctor certified the victim as fit to give a dying declaration. If we consider the evidence of PW 2 Gopika and also the dying declaration, we would find that PW 2 Gopika did not put any question to the deceased to ascertain her state of mind to make the declaration. Nowhere in her evidence has PW 2 Gopika stated that apart from the fitness certificate issued by the doctor, she herself was satisfied regarding the fit condition of the deceased to make the statement. Thus, this is a case wherein there is neither any certificate of the doctor regarding fit state of mind of the declarant duly proved before the Court nor the satisfaction of the person who recorded the dying declaration as to the fitness of the deceased to make a declaration. Therefore, such a dying declaration cannot be relied upon and it would be risky for this Court to give any credence to such a dying declaration. The evidence in the nature of dying declaration is rejected by us. Apart from the rejected evidence of dying declaration, there is no evidence brought on record in the present case against the appellant. Hence, appeal is allowed.

Facts: On 16 April 2020, a broadcast took place on Republic TV. This was followed by a broadcast on R Bharat on 21 April 2020. These broadcasts led to the lodging of multiple First Information Reports1 and criminal complaints against the Petitioner. They have been lodged in the States of Maharashtra, Chhattisgarh, Rajasthan, Madhya Pradesh, Telangana and Jharkhand as well as in the Union Territories of Jammu and Kashmir. In the State of Maharashtra, an FIR was lodged at Police Station Sadar, District Nagpur City. These places lie in the states where the state government is in allegiance with Indian National Congress. The genesis of the FIRs and complaints originates in the broadcasts on Republic TV on 16 April 2020 and R Bharat on 21 April 2020 in relation to an incident which took place in Gadchinchle village of Palghar district in Maharashtra. During the course of the incident which took place on 16 April 2020, three persons including two sadhus were brutally killed by a mob, allegedly in the presence of the police and forest guard personnel. The incident was widely reported in the print and electronic media. The petition states that a video recording of the incident is available in the public domain. In his news show titled "Poochta hai Bharat" on 21 April 2020 on R Bharat, the Petitioner claims to have raised issues in relation to the allegedly tardy investigation of the incident. A review of the above debate would show that its thrust was to question the tardy investigation, inconsistent versions of the authorities and the administration and the State Government's silence on the Palghar incident given that the unfortunate incident happened in Maharashtra which is presently Under Rule of an alliance government jointly formed by Shiv Sena, the Congress and the Nationalist Congress Party. The debate highlighted the manner in which the incident was being portrayed by the authorities, including the glaring fact that the incident occurred in the presence of numerous police officials which fact was initially suppressed. The Petitioner claims that following the broadcast, "a well-coordinated, widespread, vindictive and malicious campaign" was launched against him by the Indian National Congress2 and its activist under the hashtag "ArrestAntiIndiaArnab". The petitioner requested to transfer he FIRs to Maharashtra.

Held: As we have observed earlier, the Petitioner requested for and consented to the transfer of the investigation of the FIR from the Police Station Sadar, District Nagpur City to the NM Joshi Marg Police Station in Mumbai. He did so because an earlier FIR lodged by him at that police station was under investigation. The Petitioner now seeks to preempt an investigation by the Mumbai police. The basis on which the Petitioner seeks to achieve this is untenable. An Accused person does not have a choice in regard to the mode or manner in which the investigation should be carried out or in regard to the investigating agency. The line of interrogation either of the Petitioner or of the CFO cannot be controlled or dictated by the persons under investigation/interrogation. So long as the investigation does not violate any provision of law, the investigation agency is vested with the discretion in directing the course of investigation, which includes determining the nature of the questions and the manner of interrogation. No offence under defamation arises. Petition dismissed.

Facts: According to the prosecution case, the appellant Dhananjay was one of the security guards deputed to guard the building 'Anand Apartment' by M/s. Security and Investigating Bureau of which Mr. Shyam Karmakar PW 21 was the proprietor. Hetal complained to her mother Yashmoti Parekh PW 3 that the appellant had been teasing her on her way to and back from the school and had proposed to her on that day to accompany him to cinema hall to watch a movie. She had made complaints about the teasing by the appellant to her mother previously also. Yashmoti PW 3 told her husband Nagardas Parekh PW 4 about the behaviour of the appellant towards their daughter, who in turn complained to Shyam Karmakar PW 21 and requested him to replace the appellant. At the asking of Shyam Karmakar PW 21, who came to meet Nagardas PW 4 in his flat in that connection, PW 4 gave a written complaint also and the appellant was transferred and a transfer order posting the appellant at 'Paras Apartment' was issued by PW 21. Bijoy Thapa, a security guard at Paras Apartment was posted in his place, at Anand Apartment. The accused did not follow the transfer order instead performed duties at the same place the next day too. Hetal Parekh a young 18 years old school-going girl was raped and murdered on the third floor of 'Anand Apartment'. The appellant was challenged and tried for rape and murder and also for an offence under Section 380 IPC, for committing theft of a wrist watch from the said flat. The learned Additional Sessions Judge found him guilty and convicted the appellant, and sentenced him to death, life imprisonment and rigorous imprisonment for five years. Reference for confirmation of the death sentence was accordingly made to the High Court. The appellant also preferred an appeal against his conviction and sentence in the High Court. The criminal appeal filed by the appellant was dismissed and the sentence of death was confirmed by the High Court. On special leave being granted, the appellant, Dhananjay Chatterjee @ Dhana, has filed this appeal.

Held: It is settled law that in a case based on circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn have not only to be fully established but also that all the circumstances so established should be of a conclusive nature and consistent only with the hypothesis of the guilt of the accused. Those circumstances should not be capable of being explained by any other hypothesis, except the guilt of the accused and the chain of the evidence must be so complete as not to leave any reasonable ground for the belief consistent with the innocence of the accused. It needs no reminder that legally established circumstances and not merely indignation of the court can form the basis of conviction and the more serious the crime, the greater should be the care taken to scrutinise the evidence lest suspicion takes the place of proof. Since, the instant case is based on circumstantial evidence and the sentence awarded by the trial court and confirmed by the High Court is that of death, we have no consider the circumstances carefully bearing the principles noticed above in mind. The High Court failed to notice that the vague and indefinite information given on the telephone which made the investigating agency only to rush to the scene of occurrence could not be treated as a first information report under Section 154 of the Cr.P.C. The unchallenged statement of the investigating officer that he commenced the investigation only after recording the statement of PW 3 Yashmoti unmistakably shows that it was that statement which alone could be treated as the first information report. The High Court fell in error in observing that the statement of PW 3 Yashmoti was recorded "after the investigation had already commenced". All the circumstances referred to above and relied upon by the prosecution have been conclusively established by the prosecution. Keeping in view the medical evidence and the state in which the body of the deceased was found, it is obvious that a most heinous type of barbaric rape and murder was committed on a helpless and defenceless school-going girl of 18 years and certainly makes this case a 'rare of the rarest' cases which calls for no punishment other than the capital punishment and we accordingly confirm the sentence of death imposed upon the appellant for the offence under Section 302 IPC.