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Supreme Court Half Yearly Digest...

Supreme Court Half Yearly Digest 2023 [Indian Penal Code 1860]

LIVELAW NEWS NETWORK

5 Dec 2023 4:42 AM GMT

Section 53 - Punishments

Penal Code, 1860; Section 53 - The majority view in the case of Union of India v. V. Sriharan @ Murugan & Ors., 2016 (7) SCC 1 cannot be construed to mean that power to impose fixed term sentence cannot be exercised by the Constitutional Courts unless the question is of commuting the death sentence - When a Constitutional Court finds that though a case is not falling in the category of ‘rarest of the rare’ case, considering the gravity and nature of the offence and all other relevant factors, it can always impose a fixed-term sentence so that the benefit of statutory remission, etc. is not available to the accused. (Para 12) Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka, 2023 LiveLaw (SC) 252 : AIR 2023 SC 1774 : 2023 INSC 306

Section 84 - Act of a person of unsound mind.

Penal Code, 1860; Section 84 - Evidence Act, 1872; Section 105 - The burden of proving the existence of circumstances so as to bring the case within the purview of Section 84 IPC lies on the accused in terms of Section 105 of the Evidence Act; and where the accused is charged of murder, the burden to prove that as a result of unsoundness of mind, the accused was incapable of knowing the consequences of his acts is on the defence, as duly exemplified by illustration (a) to the said Section 105 of the Evidence Act - The mandate of law is that the Court shall presume absence of the circumstances so as to take the case within any of the General Exceptions in IPC. (Para 21) Prem Singh v. State of NCT of Delhi, 2023 LiveLaw (SC) 2 : AIR 2023 SC 193 : (2023) 3 SCC 372 : 2023 INSC 3

Penal Code, 1860; Section 84 - Evidence Act, 1872; Section 105, 8 - The burden of proof does lie on the accused to prove to the satisfaction of the Court that one is insane while doing the act prohibited by law. Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf. The extent of probability is one of preponderance. This is for the reason that a person of unsound mind is not expected to prove his insanity beyond a reasonable doubt. Secondly, it is the collective responsibility of the person concerned, the Court and the prosecution to decipher the proof qua insanity by not treating it as adversarial. Though a person is presumed to be sane, once there are adequate materials available before the Court, the presumption gets discharged - The behaviour and conduct before, during and after the occurrence has to be looked into. (Para 8-9) Prakash Nayi @ Sen v. State of Goa, 2023 LiveLaw (SC) 71 : (2023) 5 SCC 673 : (2023) 1 SCR 823 : 2023 INSC 24

Penal Code, 1860; Section 84 - The existence of an unsound mind is a sine qua non to the applicability of the provision. A mere unsound mind per se would not suffice, and it should be to the extent of not knowing the nature of the act - A mere medical insanity cannot be said to mean unsoundness of mind. There may be a case where a person suffering from medical insanity would have committed an act, however, the test is one of legal insanity to attract the mandate of Section 84 of the IPC. There must be an inability of a person in knowing the nature of the act or to understand it to be either wrong or contrary to the law. (Para 4-7) Prakash Nayi @ Sen v. State of Goa, 2023 LiveLaw (SC) 71 : (2023) 5 SCC 673 : (2023) 1 SCR 823 : 2023 INSC 24

Section 120B - Punishment of criminal conspiracy

Penal Code, 1860 – Sections 120B, 420, 468, and 471 – Previous Sanction – Contended that any act done by a public servant, which constitutes an offence of cheating, cannot be taken to have been committed while acting or purporting to act in the discharge of official duty – Distinguishing Parkash Singh Badal v. State of Punjab, (2007) 1 SCC 1, held, observations contained are too general in nature and cannot be regarded as the ratio flowing out of the said case or taken as judicially carving out an exception to a statutory prescription – Also held, no public servant is appointed with a mandate or authority to commit an offence and therefore, if the observations are applied, any act which constitutes an offence under any statute will go out of the purview of an act in the discharge of official duty – Appeal allowed. A. Srinivasulu v. State of Rep. by the Inspector of Police, 2023 LiveLaw (SC) 485 : 2023 INSC 971

Penal Code, 1860; Section 120B - For the charge of criminal conspiracy to be established, an agreement between the parties to do an unlawful act must exist. In some cases, direct evidence to establish conspiracy may be absent, but when the lack of evidence is apparent, it is not safe to hold a person guilty under this section. To prove the offence of criminal conspiracy, it is imperative to show a meeting of the minds between the conspirators for the intended common object. (Para 31) Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358 : 2023 INSC 415

Penal Code, 1860; Section 120B - the accused cannot be convicted of criminal conspiracy solely for having concealed the location of the incriminating materials / articles and, in the absence of any evidence establishing meeting of the minds. Given that all the other coaccused have been acquitted by the courts below, meaning they were innocent of the crime, the fundamental requirement of a criminal conspiracy is not met. Needless to say, the charge of criminal conspiracy also fails on the ground that a single person cannot hatch a conspiracy. (Para 32, 33) Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358 : 2023 INSC 415

Penal Code, 1860; Section 120B - The charge of criminal conspiracy requires meeting of the minds prior to commission of offence, and with four of the five appeals being allowed and only the present appellant being convicted, the basic requirement of the section, that is of two or more persons agreeing to or causing to be done an illegal act or an act which is not per se illegal but it is done by illegal means, is not met. (Para 34) Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358 : 2023 INSC 415

Section 149 - Every member of unlawful assembly guilty of offence committed in prosecution of common object.

Penal Code, 1860; Section 149 - When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted. (Para 10) Surendra Singh v. State of Rajasthan, 2023 LiveLaw (SC) 318 : AIR 2023 SC 1889 : (2023) 3 SCR 354 : 2023 INSC 354

Penal Code 1860; Section 149 - if an offence is committed by any member of unlawful assembly in prosecution of the common object of that assembly, every person who, at the time of that offence, is a member of the same assembly, is guilty of that offence. (Para 10.2) Surendra Singh v. State of Rajasthan, 2023 LiveLaw (SC) 318 : AIR 2023 SC 1889 : (2023) 3 SCR 354 : 2023 INSC 354

Penal Code, 1860; Section 149 - Cases involving several accused Persons - Section 149 of the Indian Penal Code is declaratory of the vicarious liability of the members of an unlawful assembly for acts done in prosecution of the common object of that assembly or for such offences as the members of the unlawful assembly knew would be committed in prosecution of that object. If an unlawful assembly is formed with the common object of committing an offence, and if that offence is committed in prosecution of the object by any member of the unlawful assembly, all the members of the assembly will be vicariously liable for that offence even if one or more, but not all committed the offence. Again, if an offence is committed by a member of an unlawful assembly and that offence is one which the members of the unlawful assembly knew to be likely to be committed in prosecution of the common object, every member who had that knowledge will be guilty of the offence so committed. While overt act and active participation may indicate common intention of the person perpetrating the crime, the mere presence in the unlawful assembly may fasten vicariously criminal liability under Section 149. When a case involves large number of assailants it is not possible for the witness to describe the part played therein by each of such persons. It is not necessary for the prosecution to prove each of the members’ involvement especially regarding which or what act. (Para 17.8) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965 : 2023 INSC 238

Section 279 - Rash driving or riding on a public way

Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but deterrence became imperative necessity under certain circumstances – Expressing undue sympathy by imposing inadequate sentence harms justice system by causing the erosion of public confidence in efficacy of law – Held, undue sympathy expressed by the high court unsustainable and order liable to be quashed and set aside thereby restoring the original sentence imposed by lower courts – Appeal allowed. State of Punjab v. Dil Bahadur, 2023 LiveLaw (SC) 267 : AIR 2023 SC 1767 : (2023) 3 SCR 766 : 2023 INSC 307

Section 299 - Culpable homicide

Penal Code, 1860; Section 299, 300 - Distinction between murder and culpable homicide not amounting to murder - Locus classicus on the issue viz. Virsa Singh v. State of Punjab [1958] S.C.R. 1495. (Para 16-17) Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59 : AIR 2023 SC 643 : 2023 Cri LJ 1649 : (2023) 1 SCR 241 : 2023 INSC 79

Section 300 - Murder

Penal Code, 1860; Section 300 - the sine qua non for the application of an Exception to Section 300 always is that it is a case of murder but the accused claims the benefit of the Exception to bring it out of that Section and to make it a case of culpable homicide not amounting to murder. (Para 57) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279 : AIR 2023 SC 1736 : 2023 INSC 314

Penal Code, 1860; Exception 4 to Section 300 - Essential requirement - Four conditions must be satisfied to bring the matter within Exception 4 - (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in the heat of passion; and; that (iv) the assailant had not taken any undue advantage or acted in a cruel manner - On a plain reading of Exception 4, it appears that the help of Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight, (c) without the offenders having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed. To bring a case within Exception 4 all the ingredients mentioned in it must be found. (Para 58 & 59) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279 : AIR 2023 SC 1736 : 2023 INSC 314

Penal Code, 1860; Exception 4 to Section 300 - It is very difficult to accept the submission that the case would fall within the Exception 4 to Section 300 of the IPC and such benefit be extended to the accused. Assuming for the moment that the incident had occurred in the heat of the moment and fight was also sudden, we should not overlook the fact that the appellants herein inflicted as many as nine blows with a dangerous weapon on the deceased who was unarmed and was helpless. For cases to fall within clause (3) of Section 300 of the IPC, it is not necessary that the offender intended to cause death, so long as the death ensues from the intentional bodily injury or injuries sufficient to cause death in the ordinary course of nature. (Para 61) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279 : AIR 2023 SC 1736 : 2023 INSC 314

Penal Code, 1860; Section 300 - The requirement of Section 300 thirdly is fulfilled if the prosecution proves that the accused inflicted an injury which would been sufficient to have resulted in death of the victim. The determinative fact would be the intention to cause such injury and what was the degree of probability (gravest, medium, or the lowest degree) of death which determines whether the crime is culpable homicide or murder - When the nature of injury being so dangerous as to result in death (Section 300 fourthly), accused’s disregard to the consequences of the injury, and an element of callousness to the result, denotes or signifies the intention. (Para 18-19) Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59 : AIR 2023 SC 643 : 2023 Cri LJ 1649 : (2023) 1 SCR 241 : 2023 INSC 79

Penal Code, 1860; Section 300 - The standard of reasonableness for applying the “grave and sudden” provocation - mere long-standing preexisting dispute does not attract the exception. (Para 23-24) Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59 : AIR 2023 SC 643 : 2023 Cri LJ 1649 : (2023) 1 SCR 241 : 2023 INSC 79

Penal Code, 1860; Section 300 - There can be no stereotypical assumption or formula that where death occurs after a lapse of some time, the injuries (which might have caused the death), the offence is one of culpable homicide. Every case has its unique fact situation. However, what is important is the nature of injury, and whether it is sufficient in the ordinary course to lead to death. The adequacy or otherwise of medical attention is not a relevant factor. (Para 25-26) Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59 : AIR 2023 SC 643 : 2023 Cri LJ 1649 : (2023) 1 SCR 241 : 2023 INSC 79

Section 302 - Punishment for murder

Penal Code, 1860; Section 302 - Ante-timing of the FIR - Benefit of Doubt - In the absence of any credible eye witness to the incident and the fact that the presence of the accused at the place of incident is also not well established, we are constrained to accord benefit of doubt to both the accused. Even if we ignore certain other minor discrepancies in the oral evidence, the delay in conducting the post-mortem, the difference in the name of the weapons of crime, i.e., “tabal” or “palkati” which are more or less similar types of instruments for cutting crops, etc., it is a case where the prosecution has miserably failed to prove that the accused appellants have committed the offence beyond any reasonable doubt. Mohd. Muslim v State of Uttar Pradesh, 2023 LiveLaw (SC) 489 : AIR 2023 SC 3086 : (2023) 7 SCC 350 : 2023 INSC 579

Penal Code, 1860; Sections 302 – Murder – Accused taking the deceased from home on a bicycle - Even if we accept PW4 daughter’s testimony that the accused, on that fateful day, took the deceased on a bicycle to the fields that by itself is not conclusive to indicate that he took her to kill her; because, admittedly, the accused held agricultural holding and it is quite possible that he may have taken his wife to assist him in the agricultural operations. It is common practice in villages for ladies to help their menfolk in agricultural operations. The allegation that while taking her a declaration was made that she would be killed does not inspire our confidence for the reason that the motive set out by the prosecution for such a quarrel has not been proved. (Para 24) State of Madhya Pradesh v. Phoolchand Rathore, 2023 LiveLaw (SC) 408 : (2023) 5 SCR 601 : 2023 INSC 444

Penal Code, 1860; Sections 302 – Murder - Circumstantial Evidence - there is no direct eye witness account of the murder. The body of the deceased was found in the open on a railway track. In such circumstances to sustain a conviction the court would have to consider — (i) whether the circumstances relied by the prosecution have been proved beyond reasonable doubt; (ii) whether those circumstances are of a definite tendency unerringly pointing towards the guilt of the accused; (iii) whether those circumstances taken cumulatively form a chain so far complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused; (iv) whether they are consistent only with the hypothesis of the accused being guilty; and (v) whether they exclude every possible hypothesis except the one to be proved. (Para 23) State of Madhya Pradesh v. Phoolchand Rathore, 2023 LiveLaw (SC) 408 : (2023) 5 SCR 601 : 2023 INSC 444

Penal Code, 1860; Sections 302 – Murder – Disclosure Statement and Recovery - The prosecution placed heavy reliance on recovery of blood-stained clothes and stones from the hut of the accused on the basis of disclosure made by him - All papers were prepared at one go rendering the entire exercise of disclosure and consequential discovery/recovery doubtful - the High Court was justified in doubting the recovery of blood-stained clothes etc. at the instance of the accused from the hut and on the basis of a disclosure statement made by him. (Para 24) State of Madhya Pradesh v. Phoolchand Rathore, 2023 LiveLaw (SC) 408 : (2023) 5 SCR 601 : 2023 INSC 444

Penal Code, 1860; Sections 302 – Murder – Extra Judicial Confession - The alleged extra judicial confession made by the accused to PW4 daughter was neither disclosed in the FIR nor in the previous statement of PW4 made during investigation. PW4 was confronted with that omission during her deposition in court. That apart, the testimony of PW4 with regard to the accused returning home, making extra judicial confession, changing clothes, washing blood-stained clothes and spreading them to dry has been found unreliable and shaky by the High Court for cogent reasons, which do not appear perverse as to warrant an interference. Thus, the circumstance of extra judicial confession is also not proved beyond doubt. (Para 24) State of Madhya Pradesh v. Phoolchand Rathore, 2023 LiveLaw (SC) 408 : (2023) 5 SCR 601 : 2023 INSC 444

Penal Code, 1860; Sections 302 – Murder – Motive - the original motive for the crime was a dispute arising from keeping of jewellery by the deceased with her sister, whereas the statement of prosecution witnesses established that the jewellery had been returned much before the incident, therefore, there existed no cogent motive for the crime - the prosecution failed to prove the motive set out by it. No doubt absence of motive by itself may not be sufficient to dislodge the prosecution case if the other proven circumstances could form a chain so complete as to indicate that in all human probability it is the accused and no one else who committed the crime but, in a case based on circumstantial evidence, motive plays an important part. Because, not only it makes the story believable but also helps the court in fortifying an inference which may be drawn against the accused from other attending circumstances. (Para 24) State of Madhya Pradesh v. Phoolchand Rathore, 2023 LiveLaw (SC) 408 : (2023) 5 SCR 601 : 2023 INSC 444

Penal Code, 1860; Sections 302 – Murder – Quarrels and disputes between husband and wife are everyday phenomena and not such an event which may create a strong suspicion of an impending crime much less murder. (Para 24) State of Madhya Pradesh v. Phoolchand Rathore, 2023 LiveLaw (SC) 408 : (2023) 5 SCR 601 : 2023 INSC 444

Penal Code, 1860; Sections 302 – Murder – The Supreme Court upheld the decision of High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances (i.e. motive, disclosure, recovery, and extra judicial confession) beyond reasonable doubt. State of Madhya Pradesh v. Phoolchand Rathore, 2023 LiveLaw (SC) 408 : (2023) 5 SCR 601 : 2023 INSC 444

Penal Code, 1860; Sections 302 read with 34 and 120B – Evidence Act, 1872; Section 106 - Apartment from where the dead body was found stood in the tenancy and possession of accused - the prosecution has failed to prove a chain of incriminating circumstances as to conclusively point out that in all human probability it was the two accused or any one of them, and no one else, who had committed the murder. In such circumstances, even if the accused failed to explain as to how the dead body of the deceased was found in his apartment, an inference of his guilt cannot be drawn. In a nutshell, it is a case where the prosecution failed to elevate its case from the realm of "may be true" to the plane of "must be true" as is indispensably required for conviction on a criminal charge. (Para 86) Santosh @ Bhure v. State (G.N.C.T.) of Delhi, 2023 LiveLaw (SC) 418 : 2023 INSC 443

Penal Code, 1860; Section 302 - the circumstances in which the accused is said to have administered poison to her two sons is clearly reflective of her being under a state of tremendous mental stress. However, it is difficult to grant the benefit of bringing the case under the ambit of culpable homicide not amounting to murder. Be that as it may, the Court is not pursuaded to convert the conviction from Section 302, IPC to one under Section 304 Part I, IPC. (Para 10) Nagarathinam v. State through the Inspector of Police, 2023 LiveLaw (SC) 401 : AIR 2023 SC 2263 : 2023 INSC 495

Penal Code, 1860; Section 302 r/w. 34 and 201 - Arms Act, 1959; Sections 4, 25 - the case in hand is a quintessential case where to solve out a blind murder, occurring in a forest in the darkness of night, bits and pieces of evidence were collected which warranted a strict scrutiny before basing a conviction thereupon. On putting the prosecution evidence to strict scrutiny and testing the same on the anvil of settled legal principles, the evidence is not confidence inspiring as to uphold the conviction of the accused. The courts below have failed to properly evaluate and test the evidence by applying the correct legal principles. In such circumstances, the judgments of the courts below are liable to be set aside. (Para 33) Ravi Mandal v. State of Uttarakhand, 2023 LiveLaw (SC) 470 : AIR 2023 SC 2554 : 2023 INSC 552

Penal Code, 1860; Section 302 r/w. 34 and 201 - Arms Act, 1959; Sections 4, 25 - there was no disclosure in the FIR as to how the dead body was found in the forest - who had seen the deceased in the company of the two persons was not disclosed in the FIR - the prosecution made later improvements in the story and made deliberate attempt to multiply the witnesses - all these circumstances taken cumulatively create a doubt in our mind as to whether it is a quintessential case of a blind murder (i.e. taking place at a secluded place in the darkness of night where no one could witness the crime), therefore, to solve the case, while groping for witnesses, the prosecution story kept evolving, either on the basis of information received from time to time, or on guess work emanating from strong suspicion, or police suggestions. Ravi Mandal v. State of Uttarakhand, 2023 LiveLaw (SC) 470 : AIR 2023 SC 2554 : 2023 INSC 552

Penal Code, 1860; Section 302 - Having regard to the nature of the injuries caused by dangerous weapons like sickle and sword which, were applied on the vital part of the body, there is no escape from the conclusion that it is a case of Section 302 of the IPC. (Para 60) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279 : AIR 2023 SC 1736 : 2023 INSC 314

Penal Code, 1860; Section 302 - Prosecution has failed to prove the real genesis of the incident. There is absolutely no evidence to establish that the accused had any motive to commit the murder of her own father. On the contrary, her father had brought her to the house of PW.1 for treating her mental ailment. The prosecution has utterly failed to establish that the act was done by the accused, with the intention to cause the death of the deceased. The case would fall under Part-I of Section 304 of the IPC and as such, conviction under Section 302 of the IPC would not be tenable. Therefore, the appeal is partly allowed and the conviction under Section 302 of the IPC is altered to Part-I of Section 304 of the IPC. Since the accused has been incarcerated for a period of more than 12 years, the said sentence would subserve the ends of justice for the offence punishable under Section 304, Part-I of the IPC. Sumitra Bai v. State of Chhattisgarh, 2023 LiveLaw (SC) 322 : 2023 INSC 343

Penal Code, 1860; Section 302 – the Supreme Court commutes death sentence of accused who murdered his sister & her lover from another caste; takes note of 'social pressure’ - Accused, who has been sentenced to capital punishment, was a young boy of about 25 years at the time of the incident. The medical evidence would further reveal that the accused have not acted in a brutal manner, inasmuch as there is only single injury inflicted on both the deceased. As such, the present case cannot be considered to be ‘rarest of rare’ case. Thus, the Court after taking into consideration, the young age of the accused at the time of incidence, the manner in which the crime was committed, no criminal antecedent of the accused and the report of the Probation Officer as well as the Superintendent of the Correctional Home in which the accused is serving his sentence, commuted the death sentence imposed on the accused to the life imprisonment. Digambar v. State of Maharashtra, 2023 LiveLaw (SC) 361 : AIR 2023 SC 2827 : 2023 INSC 445

Penal Code, 1869; Section 302 - Appeal against concurrent conviction in a murder case - Allowed - Conviction set aside - The time gap between when the deceased was seen in the company of the accused on 09-10-1999 and the probable time of his death, based on the post mortem report, which was conducted two days later, but was silent about the probable time of death, though it stated that death occurred approximately two days before the post mortem, is not narrow. Given this fact, and the serious inconsistencies in the depositions of the witnesses, as well as the fact that the FIR was lodged almost 6 weeks after the incident, the sole reliance on the “last seen” circumstance (even if it were to be assumed to have been proved) to convict the accused-appellants is not justified. Jabir v. State of Uttarakhand, 2023 LiveLaw (SC) 41 : AIR 2023 SC 488 : (2023) 1 SCR 969 : 2023 INSC 48

Penal Code 1860; Section 302 - Murder Trial - Supreme Court reverses concurrent findings of guilt entered by the trial court and High Court - Says exceptional case where gross errors are committed, overlooking crying circumstances and well-established principles of criminal jurisprudence leading to miscarriage of justice. Pradeep Kumar v. State of Chhattisgarh, 2023 LiveLaw (SC) 239 : (2023) 2 SCR 682 : (2023) 5 SCC 350 : 2023 INSC 242

Penal Code, 1860 - Sections 302 r/w. 34 - In a case rested on circumstantial evidence and ‘last seen’ theory is relied on as a link in the chain of circumstances, the evidence relating the time at which the deceased was lastly seen with the accused has to be proved conclusively as when it is proximate with the time of finding the dead body the burden to establish the innocence would be that of the accused. (Para 24) Shankar v. State of Maharashtra, 2023 LiveLaw (SC) 212 : (2023) 2 SCR 661 : 2023 INSC 234

Penal Code, 1860; Section 300, 302 - Concurrent conviction of murder accused set aside - There is a fair degree of uncertainty in the prosecution story and the courts below appear to have somewhat been influenced by the oral testimony of PW-2 and PW-3, without taking into consideration the effect of the other attending circumstances, thereby warranting interference. Munna Lal v. State of Uttar Pradesh, 2023 LiveLaw (SC) 60 : AIR 2023 SC 634 : 2023 Cri LJ 1726 : 2023 INSC 78

Penal Code, 1860; Section 302 - Murder Trial - In case of proven previous enmity, a possibility of false implication cannot be ruled out. (Para 34) Nand Lal v. State of Chhattisgarh, 2023 LiveLaw (SC) 186 : AIR 2023 SC 1599 : [2023] 2 SCR 276 : 2023 INSC 224

Penal Code, 1860; Section 302 - Murder Trial - Omission on the part of the prosecution to explain the injuries on the accused would assume greater importance where the evidence consists of interested or inimical witnesses or where the defence gives a version which competes in probability with that of the prosecution one. (Para 26) Nand Lal v. State of Chhattisgarh, 2023 LiveLaw (SC) 186 : AIR 2023 SC 1599 : [2023] 2 SCR 276 : 2023 INSC 224

Penal Code, 1860; Section 302 - Murder Trial - Supreme Court affirms sentence and conviction of accused for murder based on solitary eyewitness testimony. Ajai @ Ajju v. State of Uttar Pradesh, 2023 LiveLaw (SC) 110 : AIR 2023 SC 996 : 2023 INSC 127

Penal Code, 1860; Section 302 - Murder Trial - Supreme Court sets aside conviction in a murder case - Notes that the Trial Court and the High Court grossly erred in their appreciation of evidence. Narendrasinh Keshubhai Zala v. State of Gujarat, 2023 LiveLaw (SC) 227 : (2023) 2 SCR 746 : 2023 INSC 241

Penal Code, 1860; Section 302 - Murder Trial - When there is concurrent findings of fact by the Trial Court and the High Court, the Apex Court ought not to re-appreciate the evidence to examine the correctness of such findings of fact, unless there is manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence - Conviction and sentence of mother for killing her 5-year old child upheld. Vahitha v. State of Tamil Nadu, 2023 LiveLaw (SC) 132 : AIR 2023 SC 1165 : 2023 INSC 151

Penal Code, 1860; Section 302, 211 - Accused allegedly took his two sons, aged about 9 years and 6 years, to Haiderpur Canal, and strangulated them. Thereafter, he threw the dead bodies into the canal; and attempted to project as if it were a case of accidental drowning - Concurrent conviction under Sections 302, 211 IPC upheld by the Apex Court. Prem Singh v. State of NCT of Delhi, 2023 LiveLaw (SC) 2 : AIR 2023 SC 193 : (2023) 3 SCC 372 : 2023 INSC 3

Section 304B - Dowry Death

Penal Code, 1860 - Section 304B and 498A - Mere death of a wife under unnatural circumstances, in a matrimonial home, within seven years of marriage is not sufficient to convict the husband for dowry death. (Para 23) Charan Singh @ Charanjit Singh v. State of Uttarakhand, 2023 LiveLaw (SC) 341 : AIR 2023 SC 2095 : 2023 INSC 404

Section 306 - Abetment of suicide

Penal Code, 1860; Sections 306, 107 - In order to convict a person for the offences under Section 306 IPC, the basic constituents of the offence namely where the death was suicidal and whether there was an abetment on the part of the accused as contemplated in Section 107 IPC have to be established - In order to bring the case within the purview of ‘Abetment’ under Section 107 IPC, there has to be an evidence with regard to the instigation, conspiracy or intentional aid on the part of the accused. For the purpose proving the charge under Section 306 IPC, also there has to be an evidence with regard to the positive act on the part of the accused to instigate or aid to drive a person to commit suicide. (Para 6-10) Kashibai v. State of Karnataka, 2023 LiveLaw (SC) 149 : 2023 INSC 722

Penal Code, 1860; Section 306 - Evidence Act, 1872; Section 113A - Mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC. (Para 14) Kashibai v. State of Karnataka, 2023 LiveLaw (SC) 149 : 2023 INSC 722

Section 363 - Punishment for kidnapping

Penal Code, 1860 – Sections 363, 364A – Kidnapping for ransom vis-à-vis kidnapping simpliciter – Proof of kidnapping for ransom – Punishable with death or imprisonment for life and as such has a higher evidentiary threshold – Three stages or components, namely, first, kidnapping or abduction of a person and keeping them in detention; second, threat to cause death or hurt, and the use of kidnapping, abduction, or detention with a demand to pay the ransom; and third, when the demand is not met, then causing death – Fulfilment of second ingredient, namely, threat to cause death or hurt – Intimidation of child victim, for the purpose of making them silent not adequate – Held, prosecution’s case did not prove second ingredient beyond reasonable doubt as a result of the victim’s statement being subsequently modified to reflect crucial differences that would enable the prosecution to drive home the kidnapping for ransom charge – Further held, conviction under Section 364A ought to be altered in exercise of power under Section 216 of Code of Criminal Procedure into the lesser offence under Section 363 – Appeal partly allowed. Ravi Dhingra v. State Haryana, 2023 LiveLaw (SC) 167 : AIR 2023 SC 1243 : 2023 Cri LJ 1913 : (2023) 6 SCC 76 : (2023) 2 SCR 164 : 2023 INSC 182

Section 375 - Rape

Penal Code 1860; Section 375 Exception 2 - Sex with minor wife aged 16 years - Supreme Court acquits husband relying on exception 2 to Section 375 IPC. Siddaruda @ Karna v. State of Karnataka, 2023 LiveLaw (SC) 170

Section 376 - Punishment for rape

Penal Code, 1860; Sections 376, 377, 302 and 201 - Rape & Murder of 6-year-old girl - Numerous lapses in investigation - the reasons why the investigation officers were changed time and again from PW 6 to PW 12 and then to PW 13, is surprising and unexplained. No reason stands given for having decided that there was no need to comply with the provisions of Section 53A of CrPC. There is unexplained delay in sending the samples collected for analysis. A premises already searched was searched again, the reason for which is not borne from record. Lock panchnama is not prepared. No samples of blood and semen of the accused can be said to have been drawn by any medical or para medical staff, allegedly an additional sample is taken from the accused more than a month after the arrest. Alleged disclosure statement of the accused was never read over and explained to the accused in his vernacular language. The accused was not residing alone at the place alleged to be his residence. What was the basis of the accused being a suspect at the first instance, remains a mystery. Persons who may have shed light on essential aspects went unexamined. Such multitudinous lapses have compromised the quest to punish the doer of such a barbaric act in absolute peril. Thus, the Court set aside the conviction and sentences of death penalty and life imprisonment imposed on the accused and set him at liberty. Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra, 2023 LiveLaw (SC) 461 : AIR 2023 SC 2938 : 2023 INSC 561

Penal Code, 1860; Section 376 - Accused concurrently convicted under Section 376 IPC for rape - Allowing his appeal and acquitting him, the Supreme Court observed: The prosecutrix being a married woman and the mother of three children was matured and intelligent enough to understand the significance and the consequences of the moral or immoral quality of act she was consenting to. Even otherwise, if her entire conduct during the course of such relationship with the accused, is closely seen, it appears that she had betrayed her husband and three children by having relationship with the accused, for whom she had developed liking for him. She had gone to stay with him during the subsistence of her marriage with her husband, to live a better life with the accused. Till the time she was impregnated by the accused in the year 2011, and she gave birth to a male child through the loin of the accused, she did not have any complaint against the accused of he having given false promise to marry her or having cheated her. She also visited the native place of the accused in the year 2012 and came to know that he was a married man having children also, still she continued to live with the accused at another premises without any grievance. She even obtained divorce from her husband by mutual consent in 2014, leaving her three children with her husband. It was only in the year 2015 when some disputes must have taken place between them, that she filed the present complaint. The accused in his further statement recorded under Section 313 of Cr.P.C. had stated that she had filed the complaint as he refused to fulfill her demand to pay her huge amount. Thus, having regard to the facts and circumstances of the case, it could not be said by any stretch of imagination that the prosecutrix had given her consent for the sexual relationship with the appellant under the misconception of fact, so as to hold the appellant guilty of having committed rape within the meaning of Section 375 of IPC. Naim Ahamed v. State (NCT of Delhi), 2023 LiveLaw (SC) 66 : (2023) 1 SCR 1061 : 2023 INSC 85

Penal Code, 1860; Section 376 - It would be a folly to treat each breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC - Difference between giving a false promise and committing breach of promise by the accused - In case of false promise, the accused right from the beginning would not have any intention to marry the prosecutrix and would have cheated or deceited the prosecutrix by giving a false promise to marry her only with a view to satisfy his lust, whereas in case of breach of promise, one cannot deny a possibility that the accused might have given a promise with all seriousness to marry her, and subsequently might have encountered certain circumstances unforeseen by him or the circumstances beyond his control, which prevented him to fulfill his promise. (Para 20) Naim Ahamed v. State (NCT of Delhi), 2023 LiveLaw (SC) 66 : (2023) 1 SCR 1061 : 2023 INSC 85

Section 405 - Criminal breach of trust

Penal Code, 1860; Section 405, 406 - A mere dispute on monetary demand does not attract the offence of criminal breach of trust - Mere wrong demand or claim would not meet the conditions specified by Section 405 of the IPC in the absence of evidence to establish entrustment, dishonest misappropriation, conversion, use or disposal, which action should be in violation of any direction of law, or legal contract touching the discharge of trust. (Para 15) Deepak Gaba v. State of Uttar Pradesh, 2023 LiveLaw (SC) 3 : AIR 2023 SC 228 : (2023) 3 SCC 423 : 2023 INSC 1

Section 415 - Cheating

Penal Code, 1860; Section 415, 420 - The sine qua non of Section 415 of the IPC is “fraudulence”, “dishonesty”, or “intentional inducement”, and the absence of these elements would debase the offence of cheating - For the offence of cheating, there should not only be cheating, but as a consequence of such cheating, the accused should also have dishonestly adduced the person deceived to deliver any property to a person; or to make, alter, or destroy, wholly or in part, a valuable security, or anything signed or sealed and which is capable of being converted into a valuable security. (Para 17) Deepak Gaba v. State of Uttar Pradesh, 2023 LiveLaw (SC) 3 : AIR 2023 SC 228 : (2023) 3 SCC 423 : 2023 INSC 1

Section 420 - Cheating and dishonestly inducing delivery of property

Penal Code, 1860; Section 420 - Ingredients to constitute an offence of cheating - Explained. Peethambaran v. State of Kerala, 2023 LiveLaw (SC) 402 : 2023 INSC 481

Penal Code, 1860; Sections 420, 465, 466, 467, 468, 471 - Representation of People Act, 1951; Section 29A – Allegation that the Memorandum annexed with the application for registration was false – Held, Even the application under Section 29A of the Act, 1951 was made as far as back in the year 1989 and thereafter even the respondent No. 1 filed the complaint before the ECI, which came to be dismissed by the ECI and thereafter the present complaint has been filed in the year 2009, i.e., after a period of 20 years from the date of filing of the application for registration under Section 29-A of the Act, 1951, which was made in the year 1989. Even assuming the complaint’s averments to be true, do not make out the ingredients of the offences, for which the learned Trial Court has passed the summoning order. (Para 5.12, 6) Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359 : AIR 2023 SC 3053 : 2023 INSC 466

Penal Code, 1860; Section 420 - Looking to the averments and allegations in the complaint, it is not appreciable at all, how the appellants are alleged to have committed the offence of cheating. The ingredients for the offence of cheating are not at all satisfied. There is no question of deceiving any person, fraudulently or dishonestly to deliver any property to any person. Therefore, even on bare reading of the averments and allegations in the complaint, no case even remotely for the offence under Section 420 IPC is made out. (Para 5.6) Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359 : AIR 2023 SC 3053 : 2023 INSC 466

Penal Code, 1860; Section 420 - Code of Criminal Procedure, 1973; Section 482 - A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. Merely on the allegation of failure to keep up promise will not be enough to initiate criminal proceedings - The criminal Courts are not meant to be used for settling scores or pressurise parties to settle civil disputes. Sarabjit Kaur v. State of Punjab, 2023 LiveLaw (SC) 157 : (2023) 5 SCC 360 : 2023 INSC 188

Section 463 - Forgery

Penal Code, 1860; Sections 463, 464 and 471 - For the offence of forgery, there must be making of a false document with intent to cause damage or injury to the public or to any person. Therefore, making the false documents is sine qua non - Making a false claim and creating and producing the false document both are different and distinct. (Para 5.9) Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359 : AIR 2023 SC 3053 : 2023 INSC 466

Section 464 - Making a false document

Penal Code, 1860; Section 464, 470 471 - The condition precedent of an offence under Section 471 of the IPC is forgery by making a false document or false electronic record or part thereof - A person is said to have made a ‘false document’: (i) if he has made or executed a document claiming to be someone else or authorised by someone else; (ii) if he has altered or tampered a document; or (iii) if he has obtained a document by practising deception, or from a person not in control of his senses. Unless, the document is false and forged in terms of Sections 464 and 470 of the IPC respectively, the requirement of Section 471 of the IPC would not be met. (Para 18) Deepak Gaba v. State of Uttar Pradesh, 2023 LiveLaw (SC) 3 : AIR 2023 SC 228 : (2023) 3 SCC 423 : 2023 INSC 1

Section 498A - Husband or relative of husband of a woman subjecting her to cruelty.

Penal Code, 1860; Section 498A - When marriage has been found to be null and void, the conviction under Section 498A IPC would not be sustainable. (Para 7) P. Sivakumar v. State, 2023 LiveLaw (SC) 116