HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Gurmeet Ram Rahim; Mankind-Sepkind trademark tussle; Gyanvapi Mosque; and more
A quick legal roundup to cover important stories from all High Courts this week.
Culpable homicide
Dangerous public stunt causing death would amount to culpable homicide and not death by negligence; Punjab & Haryana HC rejects anticipatory bail
“If a soft stand is taken towards such stunts, the roads, which are already unsafe, will become more unsafe for pedestrians and two-wheelers, which account for the maximum number of casualties for pedestrians and two-wheelers in road accidents in this region.”
It is not grave provocation if wife asks husband to wait for food: Orissa High Court upholds conviction of husband
“There is no rule that in case of every child witness, the trial Court should conduct a preliminary examination. It is only a rule of prudence and not a legal obligation. ”
Karnataka HC charges Homeowners Association members u/S. 304-A, IPC regarding death of a minor girl in apartment complex’s swimming pool
The police had initially charged the elected members under S. 304 of IPC; however, the Court upon prima-facie finding of negligence, quashed the charge under S. 304, IPC and charged the petitioners under S. 304-A, IPC.
Murder over a ‘Mango’: Supreme Court converts life imprisonment to 7 years rigorous imprisonment with fine
Supreme Court noted that this is not a case of pre-planned murder as the incident started with a fight between children for “mangoes” which unfortunately flared up when the adults of the families also got involved which ultimately led to the deceased, the father of one of the children, being killed.
[Brick Throwing Case] Convict didn’t come prepared and armed with any weapon at all; Allahabad HC modifies ‘murder’ conviction to ‘grievous hurt’
Allahabad High Court noted that the deceased survived for seven days, thereafter he succumbed to this injury, and viewed that a single injury caused by throwing a piece of brick, which is not a handheld weapon, cannot be categorised as an injury likely to cause death.
Kerala High Court acquits parents who disposed of daughter in Arabian Sea, believing her to be lifeless
“There cannot be any doubt to the proposition that the burden to prove the guilt of the accused beyond reasonable doubt is on the prosecution.”
Supreme Court converts conviction of Police Station Guard from S. 302 to S. 304-A IPC in a 28-year-old case
Supreme Court said that the prosecution has failed to prove that the accused had either any intention of causing the death of the deceased or the intention of causing such bodily injury to the deceased which was likely to cause his death.
Absence of premeditation leads to Delhi High Court modifying murder conviction to culpable homicide not amounting to murder; Convict to be released
Based on the weapon used for inflicting injuries to the deceased was a very heavy danda with nodes therein, the Trial Court has convicted the appellant for offence punishable under Section 302 IPC. However, it failed to appreciate the fact that the alleged offence was not committed by pre-meditation.
Supreme Court| No stereotypical assumption that where death occurs after a lapse of time, the offence is of culpable homicide
The Supreme Court upheld the conviction order passed by Chhattisgarh High Court, and further held that a lapse of time in death would not per se constitute a determinative factor as to diminish the offender’s liability from the offence of murder to that of culpable homicide, not amounting to murder.
Madras High Court sets aside conviction of a woman who set her minor daughter on fire for offence under Section 302 IPC; Commutes Life sentence to 10 years RI
Madras High Court while dealing with the question that whether the mother had the intention to commit the murder of her daughter, set aside the conviction and sentence of the convict for the offence under Section 302 IPC and convicted her for offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment
[Pilibhit encounter 1991] Allahabad High Court commutes life sentence of 43 police personnel to seven years' rigorous imprisonment
“It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police must arrest the accused and put them up for trial”.
Andhra Pradesh High Court acquits a man accused of culpable homicide not amounting to murder; set aside conviction order of Session Court
Without there being any evidence as to the presence of the accused in the house at the time of the death of the deceased, especially when the material witnesses turned hostile, convicting the accused basing on the assumptions and presumptions by the Sessions Court was erroneous.
Delhi High Court sets aside conviction 19 years after the verdict over lost Trial Court’s records
The conviction and sentence awarded to a man in 2003 for culpable homicide not amounting to murder has been set aside by the Delhi High Court more than 19 years after the appeal was filed, due to the persistent inability to locate or reconstruct the trial court record.
‘Not planned but committed in sudden spur of the moment’; Bombay High Court reduces father-brother’s LI to 10 years RI for killing girl’s lover
Bombay High Court : In an appeal filed questioning the legality of Judgment and convicting both Appellants i.e. a father
Findings of Trial Court based on surmise and conjecture, opposed to any reason, rationality, principles of evidence and natural justice; Calcutta High Court acquits in matter of 304 IPC
Calcutta High Court: Sugato Majumdar, J. allowed a criminal appeal which was assailed against the judgment and order of Additional Sessions Judge
[Honour Killing] Raj HC | Exercising judicial discretion as well as invoking the sense for exercising judicial discretion lies with the Court; Rejects bail
Rajasthan High Court: Farjand Ali, J. dismissed the bail application of petitioner being accused of honour killing and observed that the investigating
SL CoA | Trial Judge failed to duly appreciate the mitigatory circumstances; Court allows appeal for granting a non-cutodial sentence in terms of S. 336 of the CCPA
Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of N. Bandula Karunarathna and R. Gurusinghe, JJ.
Husband killed wife brutally in a heat of passion leaving husband with a wounded pride: Bom HC decides whether the said offence will come under “Murder” or “Culpable Homicide not amounting to Murder”
Bombay High Court: Stating that, in the moment of anger spouses almost forgot about the two children who were hardly three years