'Single Knife Blow During Sudden Argument Over Drinking Is Not Premeditated Murder': Jharkhand High Court

The Jharkhand HC has held that a single knife blow inflicted during a sudden argument, in the heat of passion and without premeditation, can fall within Exception 4 to Section 300 IPC, making the offence culpable homicide not amounting to murder. The Court converted the murder conviction of an 88-year-old father who fatally stabbed his son following an argument over his consumption of alcohol...

'Questions Under Section 313 CrPC Must Be Explained To Accused In Language He Understands': Jharkhand High Court

The Jharkhand HC has held that an accused must be questioned under Section 313 CrPC in a language he understands, and that improper recording of his statement, causing prejudice to his right to explain incriminating circumstances, can itself be a ground for acquittal. The Court set aside the murder conviction and life sentence of an illiterate man whose statement had been recorded entirely...

'Restrictive Reading Would Deprive Poor': Jharkhand High Court Awards ₹8 Lakh For Death Of Man Who Fell From Crowded Train Despite Missing Ticket

The Jharkhand HC has held that provisions governing compensation for railway accidents must be interpreted liberally, observing that a restrictive interpretation of the Railways Act would deprive poor and middle-class victims of compensation, particularly when crores of people depend on trains because they cannot afford travelling by air or private vehicles. The Court awarded Rs.8 lakh...

Jharkhand High Court Sets Aside Mutual Consent Divorce Decree, Says Appeal Lies When Consent Or Statutory Safeguards Are In Question

The Jharkhand HC has held that although a decree of divorce passed by mutual consent under Section 13B of the Hindu Marriage Act, 1955 is ordinarily not appealable, an appeal can be maintained where the genuineness of consent is disputed or mandatory statutory safeguards have not been followed. The Court set aside a mutual consent divorce decree after finding that the Family Court had failed...

'Absence Of Application Doesn't Prevent Court From Granting Interim Maintenance Suo Motu Under Hindu Marriage Act': Jharkhand High Court

The Jharkhand HC has held that a court can grant interim maintenance suo motu under Section 24 of the Hindu Marriage Act, 1955, even where the financially dependent spouse has not filed a formal application seeking such relief. The Court observed that procedural technicalities cannot defeat the statutory right to maintenance, particularly where a spouse lacks the means to contest...

Husband Insisting Wife Accept His Affair, Live With Other Woman As 'Younger Sister' Is Cruelty Of Gravest Kind: Jharkhand High Court

The Jharkhand HC has held that a husband insisting that his wife accept his extramarital relationship and live with the woman with whom he was having an affair as a “younger sister” amounts to mental cruelty of the gravest kind. The Court allowed the wife's appeal against the dismissal of her divorce petition and dissolved the marriage on the ground of cruelty.A Division Bench of...

Jharkhand High Court Quashes 'Preordained' Rejection Of Convict's Premature Release Plea, Says Review Board Failed To Analyse Reports

The Jharkhand HC has held that the State Sentence Review Board cannot reject a convict's plea for premature release through a mechanical order without considering the relevant reports concerning his conduct, age, propensity to commit crime and prospects of rehabilitation.A Single Judge Bench of Justice Rongon Mukhopadhyay was hearing a writ petition filed by a life convict...

Jharkhand High Court Adds Overtime To Deceased Security Guard's Income For Motor Accident Compensation Despite Salary Slip Not Showing It

The Jharkhand HC has held that some limited estimation of additional income from overtime can be made while calculating motor accident compensation, even where the deceased's salary certificate does not record any overtime payment, taking into account the evidence of extra work and the number of dependants left behind.A Single Judge Bench of Justice M.S. Sonak was hearing an appeal filed by...

Bridge Collapse Cases Pending Since 2009: Jharkhand High Court Orders 3-Month Deadline For Police To Complete Probe

The Jharkhand HC has directed the police to complete investigations into bridge collapse cases pending since 2009 within three months, observing that the prolonged pendency of criminal investigations affects the right to speedy investigation under Article 21. At the same time, the Court refused to interfere with the posting of the Engineer-in-Chief of the Rural Development Department,...

'Courts Cannot Second-Guess Railway Experts': Jharkhand High Court Declines Plea For Road Over Bridge

The Jharkhand HC has held that courts have limited scope to interfere with technical and policy decisions of railway authorities, declining a PIL seeking construction of a Road Over Bridge (ROB) or manned level crossing between Lalgarh Bihar and Rajhura, near Panjarikala village.A Division Bench of Chief Justice M.S. Sonak and Justice Manoj Prasad was hearing the PIL seeking a direction to...

Jharkhand High Court Holds Special Sunday Hearing During Puja Break Over Bokaro Steel Plant Blockade

The Jharkhand HC held a special hearing during the Puja holidays after the Bokaro Steel Plant approached the Court alleging a complete blockade of its gates by the local MLA and agitators of the Visthapit Apprentice Sang (VAS), disrupting the movement of employees, maintenance staff, raw materials and essential supplies.A Single Judge Bench of Justice Sujit Narayan Prasad heard the matter...

'Non-Detection Of Sperm After 72 Hours Natural, Three-Day Delay In FIR Properly Explained': Jharkhand High Court Upholds Gang Rape Conviction

The Jharkhand HC has upheld the conviction of the appellants for gang rape, finding the prosecutrix to be an “absolutely reliable and trustworthy” witness. The Court held that the three-day delay in lodging the FIR, her inability to identify the accused by name and the non-detection of sperm after 72 hours did not discredit her testimony, particularly as her version was corroborated by...