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  • Supreme Court Of India
    (From : 2011 Cri LJ (NOC) 28 (Chh))

    Hon'ble Judge(s) Hon'ble Judge(s): Pankaj Mithal, Ahsanuddin Amanullah , JJ

    Hansraj v. State Of Chhattisgarh

    D.O.D : 10/02/2025

    Appeal Allowed

    Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder - Circumstantial evidence - Allegation that accused injured deceased by a 'farsi'which caused his death - Alleged motive of strained relationship between accused and deceased due to non-payment of wages, was not sufficient for drastic action of killing deceased - There was no cogent evidence to show that accused was person last seen in company of deceased - Weapon of crime was recovered after 20-25 days of incident - There was no forensic report to prove that blood stains on 'farsi' matched with blood of deceased - Recovery of weapon of crime was doubtful and it was also not certain that it was actually weapon of crime - Evidence of witnesses was not found credible regarding having seen accused fleeing from scene of crime - Accused was held entitled to benefit of doubt and was acquitted

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  • Hon'ble Judge(s) Hon'ble Judge(s): P. B. Bajanthri, S. B. Pd. Singh , JJ

    Raju Kumar v. Smt. Sushila Devi

    D.O.D : 07/02/2025

    Appeal Dismissed

    (A) Hindu Marriage Act (25 of 1955) , S.13(1)(ia)— Divorce - Ground of cruelty by wife - Husband alleged that wife always used to quarrel with him and his family members - However, there were no specific instances or dates provided by husband to substantiate his claims - In a criminal case previously instituted at instance of wife, husband had undertaken to keep wife with dignity but after sometime husband again tortured his wife for non-fulfilment of dowry demand - Certain flimsy act or omission or using some threatening and harsh words might occasionally happen in day-to-day conjugal life of husband and wife to retaliate other spouse but that cannot be justified/sustainable ground for taking divorce - Husband failed to prove cruel behaviour of his wife towards him and his family members by reliable evidence - Husband was not entitled to decree of divorce.

    AIROnline 2007 SC 347-Followed(Paras283334)

    (B) Hindu Marriage Act (25 of 1955) , S.13(1)(ib)— Divorce - Ground of desertion by wife - Husband filed matrimonial suit in 2010 seeking dissolution of marriage on ground of desertion in 2009 - Husband claimed that in 2009, wife left her matrimonial home, took all her jewellery, and started residing at her parental house since then - Husband claimed that despite his efforts at reconciliation, respondent refused to return - However, husband's claim that wife deserted him in 2009 was contradicted by his evidence that she lived with him for 15 days in 2010 - Suit appeared to be premature given S.13(1)(ib) requirement of two years of separation before filing for divorce - Husband was not entitled to decree of divorce.

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  • Supreme Court Of India
    (From : 2011 (1) ABR (NOC) 65 (BOM))

    Hon'ble Judge(s) Hon'ble Judge(s): Abhay S. Oka, Ujjal Bhuyan , JJ

    Ramu Appa Mahapatar v. State Of Maharashtra

    D.O.D : 04/02/2025

    Appeal Allowed

    Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3, S.27— Murder - Proof of - Accused had allegedly assaulted his live-in partner with a grinding stone and stick as a result of which she died - Testimonies of witnesses showed that accused was in a confused state of mind while making alleged extra-judicial confession - Statements of witnesses made under Section 161 Cr.P.C. were at variance with their evidence in court - No bloodstains were found on clothes of accused - No grinding stone or stick with blood stains on it , was recovered - Conduct of accused in telling landlord and brother of deceased first instead of confessing his guilt before police or any other authority, was strange - Conviction was set aside

    2011 (1) ABR (NOC) 65 (BOM)-Reversed(Paras202122232425)

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  • Rajasthan High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Dinesh Mehta , J

    Dinesh Kumar Meena v. State of Rajastha

    D.O.D : 03/02/2025

    Order Accordingly

    Constitution of India , Art.226, Art.309 Proviso— Rajasthan Civil Services (Classification, Control and Appeal) Rules (1958) , R.19— Dismissal from service - Challenge against - Disciplinary authority cited possibility of evidence tampering, undue influence, and delay in inquiry as reasons for bypassing regular disciplinary procedure - These reasons were irrelevant under R.19(ii), which requires recorded satisfaction that an inquiry is impracticable - The appellate authority was found to have merely focused on punishment without addressing wrongful invocation of R.19(ii) - Dismissal order was set aside, petitioner was reinstated, and granted notional service benefits, while allowing the respondents to proceed against the petitioner per law.

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  • Supreme Court Of India
    (From : AIROnline 2024 MAD 2145)

    Hon'ble Judge(s) Hon'ble Judge(s): B. R. Gavai, Augustine George Masih , JJ

    Karuppudayar v. State Rep. By The Deputy Superintendent Of Police, Lalgudi Trichy

    D.O.D : 31/01/2025

    Appeal Allowed

    Criminal P.C. (2 of 1974) , S.482— Quashing of proceedings - Dismissal of petition - Legality - Allegations that appellant abused complainant by his caste name - Incident had taken place within four corners of chambers of complainant and colleagues of complainant arrived at the scene after occurrence of incident - Since the incident did not occur at a place which could be termed to be a place within public view, offence was not covered under the provisions of either S 3(1)(r) or S 3(1)(s) of the SC-ST Act - Proceedings were liable to be quashed

    AIROnline 2024 MAD 2145-Reversed(Paras151819)

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