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Voluntarily causing hurt with common intention – Acquittal – No direct involvement in the assault – Conviction of under Section 323 read with Section 34 of IPC cannot be sustained.
Bysclaw
Jul 23, 2023By sclaw
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Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Section 4(2) – The Olympic Riding and Equestrian Academy (OREA) is facing disputes over allegations of caste-based discrimination and other complaints filed against trainees and administrators – The main issue is whether the complaints filed under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, were substantiated and whether FIRs should be registered – The appellants argued that the complaints were not made in public view and lacked specific details, thus not constituting offenses under the Act of 1989 – The respondent claimed that the complaints were ignored by the police and not investigated as mandated by the Act of 1989 – The Supreme Court allowed the criminal appeal, upholding the Metropolitan Magistrate’s order that dismissed the application for FIR registration under the Act of 1989 – The court found the allegations vague, did not specify the offenses, and were not made in public view – The impugned judgment of the High Court directing the registration of an FIR was set aside.
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Penal Code, 1860 (IPC) – Section 302 read with 34 and 120B – Murder – Conspiracy and homicide – Recovery of Body from the Pond – The appeals challenge the High Court’s dismissal of the appellants’ criminal appeals and the upholding of their convictions and sentences by the trial court – The appellants argued that the prosecution failed to prove the incriminating circumstances beyond reasonable doubt and that the chain of proven circumstances does not conclusively point to their guilt – The respondent-State maintained that the trial court and High Court’s concurrent findings were based on a cogent appreciation of evidence, warranting no interference – The Supreme Court allowed the appeals, quashed the High Court and trial court judgments, and acquitted the appellants of all charges, directing their immediate release – The Court found that the prosecution failed to establish that the discovery of the body was solely based on the appellants’ statements and that the chain of evidence was incomplete – The Court applied the principles for circumstantial evidence, emphasizing that the circumstances must fully establish the guilt and exclude all other hypotheses – The Supreme Court concluded that the prosecution did not prove the case beyond reasonable doubt, leading to the acquittal of the appellants.
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Penal Code, 1860 (IPC) – Section 302 – Murder – The main issue is the reliability of eyewitnesses and the identification of the assailants who fired at the victim resulting in his death – The appellant’s counsel argued that the eyewitnesses’ testimonies are unreliable and that the incident’s description is improbable, suggesting that the appellant was falsely implicated – The State opposed the appeal, asserting that the conviction is based on concurrent findings of facts by the trial court and the High Court – The Court found the eyewitnesses’ behavior unnatural and their presence at the crime scene doubtful – It also noted significant gaps in the prosecution’s narrative – The Court referenced previous cases to support its decision, emphasizing the improbability of the prosecution’s story and the unnatural conduct of the witnesses – The Supreme Court set aside the lower courts’ judgments, acquitted the appellant, and ordered his immediate release if not required in any other case.
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